Date of issue June 21. I'.Uo 



UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Henry S. Graves, Forester 



iT^ 



((^1^- 



FORESTRY LAWS OF WISCONSIN 

(Through Regular Session, 1913) 

Compiled in the OiBce of State Cooperation by Jeannio S. Peyton 
PURPOSE OF COMPILATION 

There is an immediate and growing demand for information covering the forestry laws of 
the various States, particuhirly as to their handUng of certain specific subjects. Requests 
for such information come from a wide variety of sources, including State administrative ofh- 
cers, forestry associations, and other bodies and individuals interested in the advancement 
of forestry. With the idea of furthering the development of this legislative phase of forestry 
tlie compilation has been informally undertaken of such of the laws of the States as bear more 
or less directly on the practice of forestry. 

By arranging and classifying the laws and parts of laws under the headings: " Admmistra- 
tion," "Fires," "Taxation," and "Public Forests," it is bcheved that comparison among the 
States is materially simplified, while the progress of each State, or lack of it, in these different 
departments is likewise shown. 

The better to accomplish this educative aim, the great mass of timber and tree laws has 
been purposely omitted, as have the finer pomts of reference, etc., which a manual intended for 
legal or general administrative use would very properly include. 



PART I.— ADMINISTRATION. 

Sec. 1494-41, Wis. Stat., 1913. Stale hoard of forestry, 
personnel; no compensation, expenses. — There shall be a 
State board of forestry, consistii^ of I ho president of the 
State university, the director of the State ^'eological sur- 
vey, the dean of the State agricultural department, the 
attorney-general, and one other member to be appointed 
by the governor. Said board shall select its own presi- 
dent and shall perform the duties hereinafter provided;' 
and shall meet on the second Monday in January, April, 
July and October of each year, and at such other times as 
may be necessary. They shall receive no compensation 
except th'eir actual expenses to be audited by the secretary 
of state and paid out of the State treasury. 

Sec. 1494^2. 1. State forester; qualificalion.i; appoint- 
ment. — There shall be a State forester, who shall be a tech- 
nically trained forester, appointed l)y the State board of 
forestry-, and whether any candidate for this position is a 
technically trained forester shall be deternrined by cer- 
tificate from the Secretary of the United States Depart- 
ment of Agriculture. 



I The State Iward of forestry is also charged with certain duties con* 
cerBing dams and reservoirs. (Laws 1907, chap. 335, sec. 6.) 
92316—15 1 



2. Salary, etc.; clerk, salary of; secretary to board of for- 
estry. — He shall receive a salary of three thousand six 
hundred dollars per year,' and the actual and necessary 
travelii^ and field expenses, incurred in the conduct of 
his official business, be empowered to appoint a clerk 
whose salary shall not exceed fifteen hundred dollars per 
annum; be supplied with suitable offices, be entitled from 
the superintendent of public property to such stationery, 
postage, and other office supplies and equipment as may 
be necessary, be authorized to purchase all necessary field 
supplies, equipment, and instruments, be furnished by 
the State all necessary printed form.s and notices and 
the publications hereinafter jirovided, and shall act as 
secretary of the State board of forestry. 

3. Administrative and investigative duties; inanaycment 
of State forests, fires, trespass, lectures, etc.; cooperative work; 
reports. — lie shall, under the supervision of the State board 
of forestry, execute all matters pertaining to forestry ' 
within the jurisdiction of the State, direct the manage- 
ment of the State forest reserve, depute one of his assistants 

' See, on p. 2, sec. 170m. 

» The State forester may also be required to assist the railroad commis- 
sion of Wisconsin in determining the value of lands in connection with 
certain dams and reservoirs. (I-aws 1911, chap. MO, sec. 6.) 



5^ 



FORESTRY LAWS OF WISCONSIN. 






to act during his absence or disability, collect data relative 
to forest destruction and conditions,' take such action as is 
authorized by law to prevent and extinguish forest fires ^ 
and to prevent forest trespass; co-operate in forestry as 
provided under section 1494-45 of the statutes; and ad- 
vance as he may deem wise by the issuing of publications 
and by lectures, the cause of forestry within the State; 
and may co-operate with the University of Wisconsin in the 
instruction and training of forest rangers. He shall pre- 
pare biennially a report to the State board of forestry on 
the progress and condition of State forest work, and recom- 
mend therein plans for impro\iug the Slate system of 
forest protection, management, replacement, and taxa- 
tion. The State board of forestry shall report biennially 
a summary of such facts to the governor. 

4. State public parks. — The care and protection of all 
lands that have been, or may hereafter be acquired by the 
State for public park purpases, shall be under the direction 
of the State board, of forestry, and all moneys appropriated 
for the purposes of the protection and improvement, of such 
parks shall be expended under the supervision of such 
board of forestry. 

Sec. 1494-^3a. Surrey of imter powers. — The State for- 
estry commission shall make a survey and examination of 
all streams in and upon the forest reserve and other State 
lands under its jurisdiction, with a view to ascertain the 
available water powers of such streams, and shall include 
the result of such examination in its report, or may, in its 
discretion, issue a separate bulletin in relation thereto. 

Sec. 1494-45. Co-operation in forestry. — The State for- 
ester shall, acting under the supervision of the State board 
of forestry, whenever he deems it necessary to the best in- 
terests of the people and the State, co-operate in forest sur- 
veys, forest studies and forest protection, and in the pre- 
paration of plans for the protection, management, replace- 
ment of trees, wood lots and timber tracts with any of the 
several departments of the Federal or State governments or 
the governments of other States and with counties, towns, 
corporations and individuals. 

Sec. 1494^6. Assistant State forester; ciualifications; ap- 
pointment; salary, etc.; duties.— There shall be an assistant 
State forester, who shall be a technically trained forester, 
appointed by the State forester with the approval of the 
State board of forestry, lie shall receive a salary of two 
thousand dollars per year, and the actual and necessary 
traveling and field expenses, incurred in Ihe conduct of 
his official business. He shall perform suih cbiiies as 
may be assigned to him by the State forester, and shall 
represent the latter in case of disability or absence. 

Secs. 1494-52 to 1494-54. Trespass agents.^ « * « 

' The geological and natural history siuvey of the State is, indepen- 
dently, charged with makmg a study of the forests of the State, with 
reference to their cultivation and preservation. (Sec. 392J-1 Wis Slat 
1913.) ■ ' ■' 

2 See also the fire duties of the State forester which are shown in Part 
11.— Fires, p. 3. 

' See these sections on pp. 8, 9, for additional duties of the State forester 
and assistant State forester as, ex ofTicio, State trespass agent and assist- 
ant State trespass agent. 



Sec. 1494-55. District attorneys to prosecute. — Whenever 
an arrest shall have been made for any violation of any pro- 
vision of sections 1494-41 to 1494-64 [62], inclusive, or 
whenever any information of such violation shall have been« 
lodged with him, itshall be the duty of the district attorney 
of the county in which the criminal act was committed to 
prosecute the offender or offenders. If any district attor- 
ney shall fail to comply with the provisions of this section, 
he shall be guilty of a misdemeanor and lipon conviction 
shall be fined not less than one hundred dollars nor more 
than one thousand dollars, or be imprisoned not less than 
thirty days nor more than one year, or both in the discre- 
tion of the court. The penalties of this section shall apply 
to any magistrate, with proper authority, who refuses or 
neglects without cause to issue a warrant for the arrest and 
prosecution of any person or persons when complaint, 
under oath, of violation of any terms of sections 1494-41 to 
1494-64 [62], inclusive, has been lodged with him. 

Sec 1494-62. Appropriation. — There is hereby appro- 
priated out of any funds in the State treasury not other- 
wise appropriated an annual appropriation of thirty-five 
thousand dollars to pay the annual salaries provided by the 
terms of sections 1494-41 to 1494-64 [62], inclusive, of the 
statutes, and for carrying out the provision of such sections 
of the statutes. If all of said sum be not expended in any 
one year the balance not so expended may be used for the 
purpose aforesaid in any subsequent year. 

Sec 170m. Salary of State forester. — [The salaries and 
compensations of the following-named officers of the State 
are fixed at the annual sum for each respectively as herein 
provided, to wit:] The State forester, three thousand six 
hundred dollars; 

4. Subordinate employes; appointment, duties, salaries. — 
The officers enumerated in this .section shall be reimbursed 
for actual and necessary traveling expenses- incurred by 
by them in the discharge of their official duties. The 
* * * State forester * * * sliall each have author- 
ity — subject to the provisions of sections 990-1 to 990-32,* 
inclusive, of the statutes, in cases where the provisions of 
said sections are intended to apply, and subject to the 
approval of such other officer or body as may be required 
by law — to appoint such deputies, assistants, clerks, stenog- 
raphers, and employes, as shall be necessary to properly 
perform and discharge the duties, functions, and obliga- 
tions imposed by law upon the respective office, commis- 
sion, board or body, to prescribe their duties and designate 
their respective titles, and the persons so appointed shall 
be paid out of the State treasury such salary or compensa- 
tion as sliall be fixed by the officer or offi(;ers making the 
appointment and shall be reimbursed for actual and neces- 
sary traveling expenses incurred in the discharge of their 
duties; provided, that the deputies, assistants or other sub- 
ordinates of the officers enumerated above shall possess the 
power and authority now conferred, or that may hereafter 
be conferred, upon them by law and shall perform such 
duties as may be required by law or by the officer or officers 
by whom appointed and shall be paid the salary or 



' These sections concern the State civil service. 



LIBf^ARY OF CONGf^ESS 



FORESTKY I.AWS OF WISCONSIN. 



compensation fixed by the appointing officer or officers 
unless a specific salary or compensation is provided by 
law. * * * 

6. The salary or compensation and expenses paid to any 
ofticer, deputy, assistant, clerk, stenographer, or employe, 
shall be charged against the proper appropriation for the 
r.'spective office, commission, board or body, with which 
the person receiving the same is connected. 

PART 11.— FIRES. 

(1) PROTECTIVE SYSTEM. 

Sec. 1494-47. Stale and lonm fire, wardens. — The State 
forester shall also be State fire warden, and the assistant 
State forester shall be assistant State fire warden. The 
chairman of the town boards of the different towns in the 
State sliall be the town fire wardens for their respective 
towns, and the superintendents of highways for the differ- 
ent road districts within the different towns .fhall be assist- 
ant town fire wardens for theii' respective towns. The 
State fire warden shall give the necessary instructions to all 
fire wardens and supervise the execution of their work. 

Sbc. 1494-47a. Control o/ State force; emergency appoint- 
ments. — The State fire warden shall have general charge of 
the fire warden force of the State and sliall have authority 
to mass such fire warden force as may be available at any 
special point to supiire.ss fires. In cases of emergency, or 
when a town shall have no highway superintendents, or 
the town shall be unusually large, the State fire warden 
may, on recommendation of the town chairman, appoint, 
temporarily, needed fire wardens, whose duties and au- 
thority shall be the same as herein provided for town and 
assistant town fire wartlens. 

Sec. 1494^8. 1. Fire uardens to check and prevent fires; 
arrests without warrants; authority to impress citizens. — Each 
fire warden,' before entering upon his duties, shall take an 
oath of office and file the same mth the State fire warden. 
All fire wardens shall take prompt and effective measures 
against the spread and illegal .setting of forest, inarsli or 
swamp fires within their towns and districts and shall have 
the power of .slieriffs to arrest without warrant lor viola- 
lions of the provisions of sections 1494-47 to 1494-51, inclu- 
sive, and 44()5a,'^ and of any sections of the statutes relating 
to setting, failure to extinguish or care of fires. They shall 
have authority to (tall upon any able-bodied citizen, in ter- 
ritory in which they act, fci assist in extinguishing forest, 
marwli, swamp, and dllu-r running fires in su<h manner as 
they may direct. 

2. (Compensation and n wards. — Those assisting either the 
town or assistant town fire wardens in the extinguishing 
of forest, marsh, swamp ami other fires shall receive com- 
pensation for their services at not more than twenty cents 
per hour for the time actually employed. The State 



> Assistants appointed bj' tlie State park board have all tlie powers of 
State and town tirewardens as provided in sections 149*-4S to 1494-51, 
inclusive, and sucti powers apply to State parks. (See Wis. Stat., 1913, 
sec. 1494t-3m., subsec. 18.) 

'Seep. 6. 



forester is authorized to approve for payment not to 
exceed fifty per cent of the clear proceeds of any fine col- 
lected in an action brought for a violation of any of the 
provisions of sections 4405a or 4406 ' of the statutes, 
relating to setting, failure to put out or care of fires, where 
the evidence to secure a conviction is furnished by a 
town fire warden, an assistant town fire warden, or any 
other person. 

3. Payments. — No payment shall be made tci any claim- 
ant under this .section tintil he shall have presented an 
itemized account and maile oath or affirmation that said 
account is just and correct, which account shall be audited 
and approved by the town board. The town board shall 
thereupon direct the town clerk to issue a warrant upon 
the town treasurer for the sum to which such claimant is 
entitled, and the town treasurer shall pay the same. 

4. Expense of fire-fighting; tax levy. — The expense of 
preventing or extinguishing forest, marsh, swamp or other 
running fires by the town or assistant town fire wardens, 
and by those called upon by either of said fire wardens to 
assist them, shall be borne by the road district or districts 
within which the expense was incurred, and the superin- 
tendent of highways of each road district, or if there is no 
such superintendent then the town board, may levy and 
a.ssess a tax for defraying such expense. Such tax shall 
be collected in the same manner as other taxes, and such 
tax when so collected shall be paid into the town treasury 
from which such expense is paid. 

Sec. 1494-48a. 1. Emergency wardens and employes; 
compensation: how paid. — Each fire warden, appointed 
by the State fire warden to act in case of emergency, 
shall receive for his actual services rendered, two dollars 
per day, one-half of which shall be paid by the county 
where such service is performed, and one-half by the 
State; and any employe engaged by the State fire 
warden, or by any fire warden appointed by the State 
fire warden to assist in preventing or suppressing forest, 
swamp, marsh or other running fires shall receive for 
such services not more than twenty cents per hour, and 
said expense shall also be paid, one-half by the county 
where such service is performed, and one-half by the 
State. 

2. No payment shall he made to any claimant under 
this section until he shall have presented an itemized 
account, and made oath or affirmation that .«aid account is 
just and correct, which ar( ount shall be approved by the 
county Ijoard, and audited by the county clerk. The 
county clerk ."hall thercuiron issue to such claimant his 
warrant upon the county treasurer for the sum to which 
such claimant is entitled, and the county treasurer shall 
pay the same. 

3. f 0,00(1 limit. —The county clerk shall transmit the 
original oath and copy of the warrant to the secretary of 
state, who shall audit such claim, and one-half thereof 
shall be paid out of the general fund of the state treasury 
by warrant issued by the secretary of state upon the State 

>See p. 6. 



FORESTRY LAWS OF WISCONSIN. 



treasurer in favor of the county which paid such claimant, 
and such amount shall be forwarded to the county treasurer 
of such county. However, no county shall expend more 
than five thousand dollars under this section in any one 
year. 

Sec. 1494-49. Refusal of wardens to ■perform duties, or of 
citizens to assist; penalty. — Any fire warden who shall refuse 
to carry out the provisions of section 1494-48, or any able- 
bodied citizen who shall refuse to render assistance as 
provided by said section, shall be punished by a fine of 
not less than ten or more than fifty dollars, or by imprison- 
ment in the county jail for not less than ten days or more 
than thirty days, or by both such fine and imprisonment. 

Sec. 1494-50. Fire danger notices. — Each town fire 
warden and assistant town fire warden shall post or cause 
to be posted conspicuously, in those parts of his town or 
district where fires are likely to occur, all notices furnished 
him tor that purpose by the State fire warden. 

Sec. 1494-51. Reports of u-ardens. — Every assistant 
town fire warden, immediately after each fire within his 
district shall forward to the State fire warden and to the 
town fire warden a detailed report of said fire. The town 
fire warden shall report to the State fire warden, annually, 
on or before the first day of December, a summary of all 
forest fires within their towns or districts during the year 
and such other matters as the State fire warden may direct. 

Secs. 1494-54; 1494-55. Arrests.^—* * * 

Sec. 1494-56. Destruction of warning notices. — Any 
person who shall maliciously or wilfully destroy, deface, 
remove or disfigure any sign, poster, or warning notice 
posted under the provisions of sections 1494-41 to 1494-64 
[62], inclusive, shall be guilty of a misdemeanor and 
punishable, upon conviction, by a fine of not less than 
fifteen dollars nor more than one hundred dollars, or by 
imprisonment in the county jail for a period of not less 
than ten days nor more than three months, or by both 
Buch fine and imprisonment. 

Sec. 1494-58. Civil liability.-— * * * 

Sec. 1498. 1. Fish and game warden, fire duties; trespass 
reports. — * * * jjg [tj^g state fish and game warden] 
shall also perform the same duties as are in section 1030c ^ 
prescribed for fire wardens, and shall further report to the 
land commissioners any information relating to the State 
lands as shall from time to time be required and concern, 
ing any trespasses thereon which may come to liis knowl- 
edge. * * * 

Sec. 1498b. 2. County wardens, fire reports. — All deputy 
or special [county] wardens shall make to the State lisli 
and game warden full and complete reports of their trans- 
actions as such, * * *. They shall also promptly make 
reports concerning forest fires and any trespasses upon the 
public lands that may come to their knowledge. * * * 

Sec. 1498b-2. Fish and game warden and special deputy 
and county wardens made fire luardens. — The State fish and 

' See these sections, on pp. 9, 2, for provisions concerning arrests and 
prosecutions. 

2 See tliis section, on p. 5, for civil liability for fires. 

> Sec. 1636c repealed and replaced by secs. 1494-J7, 1-194-48, and 1494-49- 
(See above, pp. 3 and 4.) 



game warden appointed under the provisions of section 
1498, all special deputy wardens appointed under the 
provisions of section 1498a'' and all county wardens ap- 
pointed under section 1498b, are hereby appointed and 
created fire wardens within the meaning and under the 
provisions of sections 1498 to 1498b-2, inclusive. No 
compensation shall be paid fish and game wardens acting 
as fire wardens under the provisions of this act other than 
that received as game wardens. 

Sec 832. Duties of town clerk. — It shall be the duty of 
the [town] clerk: 

(13) To read to the people assembled at the annual town 
meeting, at the time fixed for the transaction of town 
business, the provisions of these statutes relating to the 
protection of life and property against forest fires. 

(2) RAILR0.4D FIRES. 

Sec. 1494-57. 1. Screens or wire netting on smokestacks; 
ash pans and fire boxes; logging locomotive defined. — Be- 
tween March first and December first it shall be unlawful 
for any logging locomotive, donkey, traction, or portable 
engine, and all other engines, boilers, and locomotives, 
except railway locomotives, operated in, through, or near 
forest, brush, or grass land, which do not burn oil as fuel, 
to be operated without a screen or wire netting on top of 
the smokestack and so constructed as to give the moat 
practicable protection against the escape of sparks and 
cinders from the smokestacks thereof, and each such 
engine shall be prov-ided with the most practicable de- 
vices to prevent the escape of fire from ash pans and fire 
boxes. The term logging locomotives as used in this sec- 
tion shall be construed to mean any locomotive operated 
on a railroad branch, line, or division, the chief or main 
business of which is the transportation of logs, lumber, or 
other forest products. 

2. Spark arresters; employes to examine locomotives. — 
All locomotives operated on any railroad other than a 
logging railroad shall be equipped with the most prac- 
ticable spark arresters so constructed as to give the great- 
est possible protection against the escape of sparks and 
cinders from the smokestacks thereof, and each such en- 
gine shall be provided with the most practicable device 
to prevent the escape of live coals from ash pans and fire 
boxes, and said devices, between March first and Decem- 
ber first shall at all times be maintained in good repair. 
It shall be the duty of the superintendent of motive power 
or equivalent officer of each such railroad to designate an 
employe of such railroad at each division point and round- 
house who shall examine each locomotive each time it 
leaves the division point or roundhouse between March 
first and December first, and such employe shall be held 
responsible for the proper carrying out of the jirovisions 
of this subsection, but without relieving the company 
from its responsibility hereunder. 

3. Locomotive inspector, poivers; appeal. — Any locomo- 
tive inspector designated by the State board of forestry 
shall have the power to reject from service immediately 



' For sec. 1498a, and also sec. 1498b-l, see Wis. Stat., 1913. 



FOKESTEY LAWS OF WISCONSIN. 



any loromotive, donkey, traction, or portable engine 
which, in the opinion of tlie said insjioctor, is deficient in 
adequate design, construction, or maintenance of the fire 
protective devices designated in subsections 1 and 2 of 
this section, and any such locomotive, donkey, traction, 
or portable engine so rejected frorp service shall not be re- 
turned to service until such defects have been remedied 
to the satisfaction of the State board of forestry. In case 
of disagreement between said inspector and the owner of 
the locomoti\'e, donkey, traction, or portable engine so 
rejected from service as to the efhciency or proper main- 
tenance of said protective de\'ices, then the owner of said 
locomotive, donkey, traction, or portable engine may ap- 
peal to the railroad commission of '^'iscousin for a decision 
of said matter, but pending such decision the said loco- 
motive, donkey, traction, or portable engine shall not be 
returned to service. 

4. Clearing right of way. — Every corporation maintain- 
ing and operating a railway shall, at least once in each 
year, cut and burn or remove from its right of way all grass 
and weeds and burn or remove therefrom all brush, logs, 
refuse material, and debris within a reasonable time, and 
whenever fires are set for such purpose, shall take proper 
care to prevent the escape thereof from the right of way. 

5. Combustible deposits on track. — -No such corporation 
shall permit its employes to deposit fire, live coals, or 
ashes upon their tracks outside of the yard limits, except 
they be immediately extinguished. 

6. Employes to report fires; instructions to section em- 
ployes; fire notices; railroads to concentrate help, etc. — 
Engineers, conductors, or trainmen who discover that 
fences or other material along the right of way or on lands 
adjacent to the railroad are burning or in danger from fire, 
shall report the same to the agent or person in charge at 
their next stopping place at which there shall be a tele- 
graph station. Corporations maintaining and operating 
railways shall give particular instructions to their section 
employes for the prevention and prompt extinguishment 
of fires, cause notices, which shall be furnished by the 
State forester, to be posted at their stations, and when a 
fire occurs along the line of their road, or on lands adjacent 
thereto, for which fire they are responsible, they shall con- 
centrate such help and adopt such measures as shall most 
effectually arrest its progress. 

7. Eailroad fire patrol, duties of company and of State 
board of forestry, cost, civil and criminal action; neglect to 
extinguish fires, a misdemeanor. — All such corporations, 
during a dangerously dry season, and when so directed 
by the State board of forestry, shall provide fire patrols 
for duty along their tracks. Whenever the State board 
of forestry shall deem it necessary they may order such 
corporations to provide for patrolmen to follow each train 
throughout such districts as may be necessary to prevent 
fires. When the State board of forestry has given a cor- 
pora^n such notice that in its opinion the conditions 
require such patrol after trains, the corporation shall im- 
mediately comply with such instructions throughout the 
districts designated; or in their failure to do so, the State 

92316—15 2 



board of forestry may employ patrolmen, and furnish 
them with the necessary equipment to patrol the rights 
of way of such corporations, and the expense of the same 
shall be charged to the corporation and the same may be 
recoverable in a civil action in the name of the State of 
Wisconsin, and in addition thereto, the said corporation 
shall be deemed guilty of a misdemeanor. It is also made 
the duty of such corporation, acting independently of 
such State board of forestry, to patrol their rights of way 
after the passage of each train when necessary to prevent 
the spread of fires and to use the highest degrees of dili- 
gence to prevent the setting and spread of fires, and it is 
also made the duty of its officers and employes operating 
trains in this State, to use diligence in the extinguish- 
ment of fires set by locomotives or found existing upon 
their respective rights of way, and any negligence in this 
regard shall render such corporation or any officer or em- 
ploye thereof guilty of a misdemeanor. 

8. State board of forestry to inspect engines. — The State 
board of forestry is authorized to inspect any locomotive, 
donkey, or threshing engine, railway locomotive, and all 
other engines, boilers, and locomotives operated in, 
through or near forest, brush, or grass land and to enter 
upon any property for such piupose, or where they may 
deem it necessary in order to see that all the provisions of 
this section are duly complied with. 

9. Peijallies for violations of requirements. — Any person 
wilfully failing to comply ^vith the requirements of this 
section shall be deemed guilty of a misdemeanor and 
shall be punished, upon conviction, by a fine of not less 
than fifty nor more than five hundred dollars, or by im- 
prisonment in the county jail not exceeding one year, or 
by both such fine and imprisonment. Any corporation, 
by its officers, agents, or employes, wilfully violating the 
provisions of this section, shall be liable to a fine of not 
less than fifty dollars nor more than five hundred dollars 
for each and every such violation, to be collected in a 
civil action in the name of the State. 

10. Appeal to railroad commission concerning fire pro- 
tection devices. — In case the State board of forestry and 
any corporation or individual operating any locomotive, 
donkey, or threshing engine, or any engine, boiler, or loco- 
motive can not agree as to the most practicable device or 
devices for preventing the escape of sparks, cinders, or 
fire from smokestacks, ash pans or fire boxes, then the 
same shall be determined by the railroad commission of 
Wisconsin. 

11. Exemption. — The State board of forestry shall have 
the power to exempt from the provisions of subsections 
1, 2, 3, and 4 of this section any railroad, when, in the 
judgment of said State board of forestry, conditions along 
the right of way are such that the reduced fire hazard 
renders such protective devices unnecessary. 

Sec. 1494-58. Civil liability for forest fires.— In addition 
to the penalties provided in section 1494-57, the United 
States, the State, the county or private owners, whose 
property is injured or destroyed by such fires, may re- 
cover, in a civil action, double the amount of damages 



6 



FOKESTEY LAWS OF WISCONSIN. 



suffered, if the fires occurred through wilfulness, malice 
or negligence. Persons or corporations causing fires in 
violation of sections 1494-41 to 1494-64 [62], inclusive, 
shall be liable to the State in an action for debt, to the 
full amount of all damages done to the State lands and for 
all expenses incurred by the towns fighting such fires. 

Sec. 1816a. 1. Damages for fires caused by locomotives or 
spreading from roadbed; insurable interest. — Each railroad 
corporation owning or operating a railroad in this State 
shall be responsible in damages to every person and cor- 
poration whose property may be injured or destroyed by 
fire communicated directly or indirectly by locomotive 
engines, in use upon the railroad owned or operated by 
such railroad corporation, or by the burning of grass. 
weeds or rubbish on right of way by employes of such 
corporation, and each such railroad corporation shall have 
an insurable interest in the property upon the route of 
the railroad owned or operated by it, and may procure in- 
surance thereon in its own behalf for its protection against 
such damages. 

2. Action to recover damages; evidence; measure of dam- 
ages. — Whenever the property owned by any person or 
corporation shall be injured or destroyed by fire com- 
municated by locomotives in use upon any railroad owned 
or operated by a railroad corporation, or by the burning 
of grass, weeds and rubbish on the right of way by em- 
ployes of such corporation, so as to render the railroad cor- 
poration liable, im'der subsection 1 of this section, or other- 
wise, the owner of such property injured or destroyed may 
recover damages for such loss, and to recover the same it shal 1 
only be necessary for him to prove the loss of or injury 
to his property, and that the fire originated in the manner 
hereinbefore stated. If such corporation fails or neglects 
to pay such damage within sixty days after notice in 
writing that a loss or injury has occurred, accompanied 
by an affidavit thereof, served upon any officer or station 
or ticket agent employed by such corporation in the countjr 
where such loss or injury occurred, such owner shall be 
entitled to recover from the corporation double the amount 
of damages actually sustained by him in any court of 
competent jurisdiction. If such company shall, within 
sixty days, offer in writing to pay a fixed sum, being the 
full amount of the damages sustained, and the owner 
shall refuse to accept the same, then in any action there- 
after brought for such damages, when such owner recovers 
a less sum as damages than the amount so offered, then 
such owner shall recover only his damages, and the rail- 
way company shall recover its costs. 

Sec. 1816b. lAmitalion of actions for fires.' * * * 

(3) FALLOW AND OTHER FIRES. 

Sec. 1636a. Order for close season, iiotice: penalty for vio- 
lation. — Whenever the supervisors of any town shall be 
satisfied that the burning of grass, stubble, logs or brush 
on any lands therein will be a source of public danger they 

1 See this section, in Wis. Stat., 1913, for provisions concerning limita- 
tion o( actions against railroad companies for injuries caused by fires 
from locomotives. 



shall make an order in writing, which shall be signed by 
them, proliibiting the burning thereof on any such lands 
during such period as they shall deem best for the public 
interest, which order shall be revoked by them as soon as 
the cause for making it shall cease to exist. Such order 
shall be published at least once in a newspaper published 
in such town, if one be pulilished therein, and if not it 
shall be posted in three of the most public places therein 
at least three days before it shall be in force. Like notice 
shall be given of the revocation of the order, and such revo- 
cation shall be effectual from the time notice of it is given". 
Any jjerson who shall violate any such order .shall be pun- 
ished by a fine of not more than fifty dollars or by imprison- 
ment in the county jail not more than thirty days, or by 
lioth line and imprisonment. 

Sec. 4405a. 1. Notice of clo^e .'eosoii. — Whenever the 
town board of any town deems it imprudent to set fires 
upon any land within the town or district they shall post 
or cause to be posted notices in five public places in each 
township in such town or district forbidding the setting of 
fires therein, and after the posting of such notices no person 
shall set any fire upou any land in said town or district, 
except for warming the person or coolung food, until 
written permission has been received from one of the fire 
wardens of said town. 

2. Camp fire; penalty. — All persons who start camp fires 
upon any land in this State shall exercise all necessary 
precautions to prevent damage therefrom, and shall entirely 
extinguish the same before 'leaving them. Every person 
\'iolating any provision of this section shall be punished 
by a fine of not less than ten nor more than fifty dollars, or 
liy imprisonment in the county jail not more than six 
months,for each offense. 

Sec. 4106. Failure to extingu.i h fire:, penalty; toilful or 
negligent setting of fires, penalty. — Any person who shall 
build a fire on any lands in this State not his own or under 
his control, except as hereinafter provided, shall, before 
leaving the same, totally extinguish it, and upon failure to 
do so shall be punished by a fine not exceeding one hun- 
dred dollars or by imprisonment in the county jail not 
exceeding one month, or by both such fine and imprison- 
ment. Any person who shall wilfully or negligently set 
fire to or assist another to set fire on any land, whereby 
such land is injured or endangered, or shall wilfully ornegli- 
gontly suffer any fire upon his own land to escape lieyond 
tiie Limits thereof, to the injury of the land of another, shall 
be punished as hereinbefore provided and l)e liable to the 
person injured for all damage that may be caused by the 
fire. 

PART III.— TAXATION. 

Sec 1494-101. Forest tree plantations exempted from taxa- 
tion; thinning out after 10 years. — In consideration of the 
public benefit to be derived from the planting and culti- 
vation of timber or forest trees, the owner of any tract of 
land in this State who shall set apart any specific portion 
thereof, not exceeding forty acres, for forest culture and 
plant the same with timber or forest trees, not less than 



rOEESTEY LAWS OF WISCONSIN. 



one thousand two hundred to the acre, shall lie exempted 
from taxation for the period of thirty years from the time 
of such planting to timber or forest trees. Such exemption 
shall only be allowed on condition that paid planted trees 
are kept alive and in a healtliy condition. A statement or 
return of such jjlantings shall be made to the aispessors when 
making the annual assessment, which returns shall be 
verified by tlie assessors and made the basis of such tax 
exemption. After said trees have been planted ten years, 
the owner may, without waiving the tax exemption, thin 
out the same so that not less than six hundred trees shall 
l)e left upon each acre. 

Sec. 1494-102. Applicant for exemplion to make and file 
plat . — A description and plat of all lands so planted shall 
1)0 made in duplicate by tb.e person applying for an exemp- 
tion under the provisions of sections 1494-101 to 1494-111, 
inclusive. One copy of said description and plat sliall be 
tiled with the town clerk of the town in which said land is 
locatetl and the other copy of said description and plat shall 
be filed in the office of the State forester at Madison, on or 
before the first day of May of the year in wliich such 
exemption shall iirst be claimed. 

Sec. 1494-1015. [f plantation^ do not conform, fore'ter to 
cancel exemption. — The State forester is hereby authorized 
upon a written complaint being filed in his office that an 
exemption has lieen allowed on any plantation which has 
not been established or maintained in conformity with the 
provisions of section 149'1-101, to determine whether the 
facts as set forth in the complaint are just and true, and if 
he shall find such complaint to be true he shall cancel such 
exemptions by filing a statement to that effect with the 
town clerk of the town in which such plantation is located, 
and thereupon such plantation or so much thereof as is not 
so estaldislied and maintained, shall cease to be exempt 
from taxation until the same shall be replanted, and other- 
wise Ijrought within the conditions of sections 1494-101 to 
1494-111, inclusive. 

Sec. 1494-104. Exemption u-ithin tieo miles of city or vil- 
lage. — Said exemption, as provided in section 1494-101, 
shall not api)ly to any lands witliin two miles of the limits 
of any incorporated city or village except upon written 
ai)])roval of the State forester, filed with tlie town clerk of 
the town in wliich such land is located. 

Sec. 1494-105. Exemplion privilege inriolable. — The 
planting of a tract in forest trees in compliance with the 
provi.sions of section 1494-101 to 1494-111, inclusive, and 
till' tiling (if the description and plat of the tract so planted 
as ijpivided in sectidu 1494-102, shall be taken and deemed 
to be an acceptance by the person planting the same of the 
exemption privilege granted in sections 1494-101 to 1494- 
111, inclusive, and of the conditions imposed by siiid sec- 
tions upon such privilege; and, in consideration of the 
public benefit to be derived from the planting, cultivation 
and growth of such trees, the exemption of such land from 
taxation as herein provided shall be continued and is 
liereby assured, and the right to such exemption shall be 
inviolable and irrevocable as a contract obligation of the 
State, so long as the owner of the land so planted shall 



fully comply with and perform the conditions aforesaid, 
not exceeding said period of thirty years. 

Sec. 1494-106. Valuation of land prior to planting. — Any 
person intending to plant a tract of land in forest trees so as 
to secure the exemption jirivilego ])rovided in sections 
1494-101 to 1494-111, inclusive, may have the value thereof 
determined in advance of such planting by the board of 
review of the town in which such tract is located. To 
procure such determination such person shall file in the 
office of the clerk of such town an application in writing 
containing a declaration of such intention, a correct 
description of the lands included in such tract and a 
request that the valuation thereof be determined by such 
board under the provisions of sections 1494-101 to 1494-111, 
inclusive. Said board at their first meeting after the filing 
of such application shall ])roceed to determine such value. 
For that ])urpo3e they shall have authority to summon 
witnesses and take testimony under oath. They may 
require such lands to be viewed by one or more members 
of such board, and may adjourn the matter for such time as 
may be necessary in order to secure needful testimony or 
information respecting the value of such tract. If such 
board shall determine the average value of such tract to be 
not over ten dollars per acre, such determination shall be 
final for all purposes of sections 1494-101 to 1494-111, 
inclusive, as to so much of such tract as shall be planted 
with forest trees in accordance -ndth the requirements of 
sections 1494-101 to 1494-111, inclusive, within two years 
after such determination. Hut if the board shall deter- 
mine such value to be more than ten dollars per acre, the 
owner of such tract shall not be precluded from making a 
new application in any subseciuent year. 

Sec 1494-107. Toiim board of review's meeting for raliia- 
tion. — The person filing such application shall be entitled 
to luive the value of such tract determined without delay 
and before the said board shall be convened for other pur- 
poses by including in his application a request that su(di 
determination be so made and by depositing with the 
town clerk a sum sufficient to defray the compensation of 
the members of said board for one day's attendance. The 
clerk shall thereupon fix a time at the earliest practicable 
date for a special meeting of such board to act upon sucli 
application, and shall give notice thereof to each member 
of said board, to be served by or at the expense of the 
applicant, in time to enable each member to be present. 
Such meeting shall be at the place fixed by law for the 
regular meetings of said board. The members of the board 
shall attend at the time and place designated in such notice 
and the board shall thereupon proceed to determine the 
value of such tract in the manner hereinbefore i)rovided. 

Sec. 1494-108. Town clerk to record valuations. — The 
town clerk sliall make a record of the proceedings and 
determination of the board of review upon each application 
under the foregoing jjrovisions and shall enter the same in 
the book containing the record of otlier proceedings of said 
board. The record of each determination shall include a 
description of the lands to wluch such determination 
relates. Such record shall be prima facie evidence of the 



FORESTRY LAWS OF WISCONSIN. 



facts therein stated, but failure to make the same sliall uot 
affect the validity of the action of the board. 

Sec. 1494-109. Valuation after planting; if exemption 
denied, forester to hear appeals. — When a tract of land shall 
have been planted in trees under the provisions of sections 
1494-101 to 1494-111, inclusive, without previous deter- 
mination of the value thereof as hereinbefore provided, the 
allowance by the assessor and board of review, or by the 
board of review, of the exemption thereof under the pro- 
visions of sections 1494-101 to 1494-111, inclusive, shall be 
deemed to include a determination by such board that the 
value of such land at the time of planting did not exceed 
ten dollars per acre; and such determination shall have the 
same effect as if made before such planting. If such exemp- 
tion shall be disallowed, the action of the board of review 
disallowing the same may be reviewed by the State 
forester. To secure such review the claimant of such 
exemption shall file with the State forester an application 
in writing containing a description of the lands, a state- 
ment of the facts on which such exemption is claimed and 
of the disallowance thereof by such board, and a request for 
the review of such action by the State forester. Such 
application shall be accompanied by an undertaking on the 
part of the applicant with one or more sureties, ajjproved 
by the chairman or clerk of the town, for the payment of 
the expense of said forester upon such review in case the 
exemption claimed shall be disallowed by him. The 
State forester shall thereupon give notice of a time and 
place witliin the town at which he will hear the matter 
and any testimony that may be offered in relation thereto. 
A copy of such notice shall be mailed to the chairman and 
clerk of the town and to such applicant at least ten days 
before tlie time fixed in such notice. Said forester may 
adjourn such hearing from time to time if necessary, by 
filing notice thereof with the town clerk. lie may review 
and inspect the premises and may summon and examine 
witnesses under oath. His determination shall be made 
in writing and filed vfith the town clerk as soon as prac- 
ticable. Such determination upon written approval of the 
State tax commission shall be final, but if adverse to 
the claimant, it shall not preclude him from applying for 
like exemption in any subsequent year upon compliance 
with the requirements of sections 1494-101 to 1494-111, 
inclusive. 

Sec. 1494-110. Thirty years' exemption. — After the ex- 
emption provided in sections 1494-101 to 1494-111, inclu- 
sive, has once been allowed it shall continue for the period 
specified in sections 1494-101 to 1494-111, inclusive, unless 
canceled by the State forester as provided in section 
149-4-103. 

Sec. 1494-111. Corporations, etc., entitled to privilege. — 
Any corporation, copartnership or other association of 
persons, as well as individuals, shall be entitled to the 
exemption rights and privileges herein provided, upon 
compliance with the conditions and requirements of sec- 
tions 1494-101 to 1494-111, inclusive. 

Sec. 1092m. Forest reserve lands.^ — * » * 



See this section, on p. 9, for provisions concerning taxation of lorest 
reserve lands. 



PART IV.— STATE FOREST LANDS. 

(1) STATE FORESTS. 

Sec 1494-43. 1. Creation of State forest reserve; sale and 
exchange of reserve lands. — The sale of all lands belonging 
to the State north of town thirty-three shall cease upon 
the passage of this act, and such lands and all lands re- 
verting to the State north of town thirty-three and all 
State lands within the Menominee, Stockbridge, and 
Munsee Indian reservations shall constitute the State for- 
est reserve; provided that those State lands within said 
forest reserve which after examination by the State for- 
ester are found by him to be more suitable for other pur- 
poses than for the purposes of the State forest reserve, 
because of their character, condition, extent, or situation, 
shall be sold by the commissioners of the public lands, 
upon the recommendation of the State forester and with 
the approval of the State board of forestry. The State 
board of forestry is also authorized to exchange lands upon 
the basis of equal value as determined by them. 

2. Management of reserve, assistance, conservative lumber- 
ing, nurseries, fire lines, etc., sale of wood, timber, etc.' — The 
State forester shall, under the supervision of the State 
board of forestry, direct the management of the State for- 
est reserve, to which end he may employ the necessary 
assistance, and may upon said reserve institute conserva- 
tive lumbering, make and maintain forest niuseries, plan- 
tations, and fire lines, and execute other silvicultural and 
protective measures necessary to the highest permanent 
usefulness of said reserve to the State. In such conserva- 
tive lumbering the State forester is authorized, under the 
supervision of the State board of forestry, to remove or 
cause to be removed and sell, when and in such manner 
as he may deem advisable, wood, timber, or other prod- 
ucts from said reserve. 

3. Advances to State forester to pay temporary laborers. — 
The State treasurer is hereby authorized to appoint the 
State forester as a special fiscal agent of the treasury 
department. When the State forester shall have deposited 
satisfactory security with the State treasurer, there shall 
be advanced to the State forester from the forest-reserve 
fund not to exceed five hundred dollars, and at no one 
time shall such advances amount to more than five hun- 
dred dollars. The State forester shall use such advances 
only in paying temporary laborers upon the forest reserve, 
and upon the presentation of receipts properly executed, 
the State treasurer shall relieve the State forester from all 
liability for the amounts covered by such receipts. 

Sec. 1494-44. Grants of land for State forest reserve. — The 
State board of forestry is hereby authorized, when in its 
judgment it is advisable, to accept on behalf of the State 
any grant of land within the State, which shall become a 
part of the State forest reserve; provided, that no such 
grant shall be accepted until its title has been examined 
by the attorney-general and a report made to said board 
of the results of such examination. 

Sec. 1494-52. Trespass agents; fees. — The State forester 
shall also be State trespass agent and the assistant State 



FORESTRY LAWS OF WISCONSIN. 



forester, assistant State trespass agent. As State trespass 
agent, the State forester shall appoint, and may remove 
from office, such trespass agents as he may deem expedient. 
He shall give the necessary instructions to said trespass 
agents and shall supervise the execution of their work. 
The State forester is authorized to approve for payment 
to any trespass agent or other person, upon whose evidence 
successful action is brought for trespass upon any portion 
of the State forest reserve, not to exceed twenty-five per 
centum of the amount collected for such trespass, which 
payment shall be made by the State treasurer; provided, 
that in no case shall such payment exceed five hundred 
dollars. 

Sec. 1494-53. Oath and liabilily of trespass agents. — Every 
person appointed as trespass agent under authority of sec- 
tion 1494-52, shall, before entering upon his duties, take 
and subscribe the following oath of office: "I do solemnly 
swear that I will support the Constitution of the United 
State and of the State of ^^'isconsin; that I will not engage, 
either directly or indirectly, in the purchase for my own 
benefit or for the benefit of any other person, of any State 
lands or products fi'om said lands, so long as I remain a 
trespass agent; and that 1 will faithfully and to the best 
of my ability discharge the duties of such position, so help 
me God." Such oath of office shall be filed with the State 
forester. Any trespass agent who violates the terms of his 
oath regarding the purchase of State lands or products 
therefrom, shall be punished by a fine of not less than three 
times the price paid for said land, or three times the market 
value of said products, or by imprisonment in the county 
jail for not less than thirty days or more than ninety days 
or by both such fine and imprisonment. 

Sec. 1494-54. Powers of trespass agents to arrest without 
■warrant; reports. — All trespass agents shall have the power 
of sheriffs to arrest without warrant for any violation of 
the provisions of sections 1494-41 to 1494-()4 [62], inclu- 
sive. It shall be the duty of every trespass agent to im- 
mediately report to the State forester and the district 
attorney of the county in which such trespass is com- 
mitted, all cases of trespass upon State lands, which come 
to his knowledge, and to furnish these officers with infor- 
mation required by them concerning said trespass. 

Sec. 1494-59. Criminal action; forest trespass. — Every 
person who, unlawfully cuts, or injures any kind of wood 
or timber standing, lying or growing upon the lands of 
another, or of the State, or of the United States, or upon 
any public highway, or unlawfully and wilfully injures 
or destroys or- carries away any of the products of such 
wood or timberlandsisgiiiltyof a misdemeanor, and upon 
conviction, shall be fined not less than twenty-five dol- 
lars nor more tlian one thousand dollars, or be imprisoned 
not less than fifteen days nor more than throe years, or by 
both such fine and imprisonment. 

Sec. 1494-60. Ciml liability for forest trespass. — In addi- 
tion to the penalties provided in section 1494-59 for wilful 
trespass on forest lands, the State, the county or the pri- 
vate owners upon whose lands the wilful trespass was com- 
mitted, may recover in a civil action double the amount 



of damages suffered. This section .shall not apply to the 
cutting of wood or timber from uncultivated woodland 
for the repair of a public highway or bridge upon or adja- 
cent to the land. 

Sec. 1494-61. Forest rcserrt fund. — All moneys received 
from the sale of wood, timbor, minerals, or other products, 
and from the sale of State forest reserve lands, and penal- 
ties for trespass thereon, as hereinbefore provided, except 
when otherwise disposed of by constitutional provision, 
shall be paid into the State treasury and shall consti- 
tute a forest reserve fund which shall be disbursed only 
for the purchase of lands to be added to the Slate forest 
reserve and for defraying the necessary expense incident 
to the examination of title to such lands and for the im- 
provement and protection of said reserve and for the em- 
ployment of the necessary assistance therefor, as herein- 
before provided, by or upon the order of the State for- 
ester, with the approval of the State board of forestry. 

Sec. 160f. Interest from, forest reserve and forest-reserve 
income funds. — * * * fhe total interest by all depos- 
itories shall be apportioned by the State treasurer among, 
added to and become a part of the several funds as fol- 
lows: * * * that received from the forest reserve 
fund and the forest reserve income fund, to the forest 
reserve income fund; according to the average amount of 
each such fund on hand the first day of each month. 

Sec. 1092m. 1. Taxation of forest-reserve lands. — As soon 
as practicable after the passage of this act and on or before 
the first day of May in each year hereafter, the State for- 
ester shall file with the tax commission a list of the forest 
reserve lands owned by the State of Wisconsin within the 
following counties or portions of counties: In Forest 
county all that portion situated north of the north line of 
township thirty-seven (37) north; in Oneida county all 
that portion north of the north line of township thirty- 
seven (37) north except the east halt of township thirty- 
eight (38) north, range nine (9) east, the south two-thirds 
of township thirty-eight (38) north, range ten (10) east, 
township thirty-eight (38) north, range eleven (11) east, 
and township thirty-nine (39) north, range six (6) east; 
in Vilas county all except the south half of township 
forty (40) north, range six (6) east, township forty (40) 
north, range ten (10) east, township forty-one (41) north, 
range ten (10) east and the north two-thirds of township 
forty-one (41) north, range eleven (11) east; in Iron county 
township forty-one (41) north, ranges two (2), three (3) 
and four (4) east and townships forty-two (42) and forty- 
three (43) north, range four (4) east; in Price county 
townships thirty-eight (38), thirty-nine (39), and forty 
(40) north, range three (3) east; and the State forester 
shall designate the town and county in whi<'h such lands 
are situate. 

2. On or before the first day of November of each year 
the tax commission shall assess and determine the value 
of the lands referred to in subsection 1 of this section, and 
said commission shall cause to be filed with the several 
town and county clerks of each town and of each county 
within which any of siu:h lands are situated a certified 



10 



I'OKESTEY LAWS OF WISCONSIN. 



list of Bucli lands aud of the ^'alue so placed upon the 
same by said tax commission. 

3. The said lands shall be included in the tax roll of 
each of said towns and shall be subject to taxation for all 
except State jjurposes at a rate not to exceed one and one- 
quarter per centum of the assessed value in said several 
towns and the State of Wisconsin hereby expressly con- 
sents to such taxation of such lands, for the reason that 
these lands are within the boundaries of the proposed 
permanent forest reserve. 

4. The several town treasurers, upon leceipt of the tax 
roll of each year, shall immediately certify to the secretary 
of state the amount of the tax due from the State upon said 
lands, and thereupon there shall be paid to such town 
treasurers by the State treasurer the amounts so due. 

5. The assessor of incomes of each county in which any 
such lands are situated may apply for reassessment under 
the provisions of section 1087^r) > of the statutes or may 
appeal from the equalization of the county board in accord- 
ance with the provisions of .sections 1077a to W77l ' of the 
statutes. 

6. There is appropriated out of any money in the State 
treasury not otherwise appropriated, a sum sufficient to 
carry out the provisions of this section. 

Sec. 1494-121. State lands und timber in Indian reserva- 
tions; appraisal. — The State board of forestry of Wiscon- 
sin are hereby authorized in their discretion to cause an 
appraisal to be made of all State lands and the timber 
thereon which are included within any of the several 
Indian reservations in Wisconsin and to pay for said 
appraisal from the forest reserve fund. 

Sec. 1494-122. Report. — The results of said appraisal 
shall be reported by the State forester to the State board 
of forestry and to the commissioners of public lands of this 
State. 

Sec. 1494-123. Sale to United States. — When said ap- 
praisal is completed the said commissioners of public 
lands are hereby authorized to convey all the right, title 
and interest of the State therein to the United States if 
the United States within a reasonable time shall authorize 
the payment to the State of Wisconsin of the full amount 
found by said appraisal to be the value of said lands and 
the timber thereon. 

Sec. 1494-124. Proceeds to forest reserve fund. — All 
moneys received for said lands and timber thereon from 
the United States shall be paid into the State treasury 
and, except when otherwise disposed of by constitutional 
provision, shall constitute.a part of the forest reserve fund, 
which part shall be disbursed only for the purchase of 
lands by the State to be added to the State forest reserve. 

Sec. 1494-131. Forest reserve, purchase at tax sales, and 
other lands; cost charged to appropriation for commissioners 
of public lands. — The commissioners of public lands are 
hereby authorized to acquire lands nortli of Town 33 for 
the forest reserve by purchase at tax sales, and other lands 
which may hereafter be acquired by any county under tax 
deeds and also lands which have been heretofore acquired 

' For these sections, see Wis. Stat., 1913. 



by said counties and which remain unsold. The com- 
missioners of public lauds may also, upon the request of the 
State Board of Forestry, purchase other lands as additions 
to the State forest reserve.- The cost of siich purchases 
shall be charged to the proper appropriation for the com- 
missioners of the public lands. 

Sec. 1494-132. County tax deeds; purchase by State. — 
Whenever any county in this State north or partly north 
of town 33 is entitled to a tax deed upon a certificate of 
sale upon any real property in this State, the county clerk 
of such county shall at the time of deeding such land to 
the county, file in the office of the commissioners of public 
lands a list of said lands and the date of the tax deed and 
the record thereof, together with a statement of the total 
amount due the county for taxes, interest, fees and ex- 
penses in acquiring such tax title. The lands so acquired 
by any such county shall not be sold by the county except 
to the State until one year after the taking of such deed 
unless the commissioners of pubUc lands shall give notice 
to said county that the State does not desire to acquire 
title thereto. 

Sec. 1494-133. County must sell to State; price; interest. — 
The commissioners of public lands may select any or all 
of such tax title lands within one year from the date of the 
recording of a tax deed thereon conveying the same to the 
county and shall pay therefor to the county not to exceed 
the total amount due said county for taxes, interest, and 
charges together with interest not to exceed six per cent 
from the date of such deed, and the county clerk of any 
county owning any such lands is hereby authorized and 
directed to execute a deed of such lands to the State of 
Wisconsin upon payment of the purchase price thereof as 
agreed upon by the State and county and the purchase 
price thereof shall be paid to the county treasurer of such 
county from the general fund of the State within the 
amount ai»propriated for this purpose on the order of the 
commissioners of public lands after being audited by the 
secretary of state. 

Sec. 1494-134. Redemption from State. — All statutes of 
limitations now or hereafter in force applicable to persons 
holding lands under tax deeds shall apply to the State and 
to the original owners of such lands acquired and actions 
may be brought against the State within the period pro- 
vided by such statutes of limitation to recover such lands 
from the State, but in all such actions no costs shall be 
recovered against the State, and the original owner in case 
of recovery shall comply with the provisions of section 
3087,3 of the statutes. 

Sec 172-37. 3. Appropriation. — There is annually ap- 
propriated, beginning July 1, 1913, ten thousand dollars, 
payable from any moneys in the general fund not otherwise 
appropriated, for the commissioners of the public lands to 

2 .\11 further purchases of lands for the State forest reserve are inhibited 
until the special legislative committee appointed at the 191.3 legislative 
session shall have reported to the following regular session, and imtil the 
first day of July, 191."j, upon the question of the advisability of certain 
lands being included within the State forest reserve. (See volume of 
session laws of 1913, chap. (170, sec. 2.) 

3 For this section, see Wis. Stat., 1913. 



FORESTRY LAWS OF WISCONSIN. 



11 



carry into effect the pro\'isions of sections 1494-1;>1 to 
1494-134, inclusive. 

•Sec. 1072-1. 1. Approprialion for purchase of forest re- 
serve lands; forestry investment fund; continuous. — There 
is herewith appropriated annually for a period of five 
years the sum of fifty thousand dollars, which amount 
shall constitute the "forestry investment fund," and all 
interest received from the said investment fund shall be 
added to and become a part of said fund. All moneys in 
such fund are appropriated and shall only be used to pur- 
chase forest reserve lands and for the Irax'eling expenses 
of the legislati\'e forest reser\'e committee hereinafter pro- 
vided for; but any part of tlie appropriation not used in 
any year shall be available and may be used for such 
purpose in any subsequent year. 

2. Stale forester cmpovcred to purchase. — The State for- 
ester under the supervision of the State board of forestry 
is authorized to enter into contracts to purchase lands as 
additions to the forest reserve and to make payments on 
such lands from the forestry investment fund as moneys 
become available. 

3. Condemnation proceedings. — \\'henever the State 
board of forestry shall require any lands for State forest 
reserves and shall be unable to agree with the owners 
thereof upon the amount of compensation to be paid there- 
for, or when for any reason no such agreement can be made 
without, in the opinion of said board, um'easonable delay, 
the said board is authorized to determine the value of said 
lands and the damages resulting to the owner from the 
taking thereof in the manner and with the effect provided 
as to commissioners appointed by the judge of the circuit 
court under the provisions of sections 605, 606, 607 of the 
statutes. 

4. Forest Reserve Committee; report to legislature. — On 
or before March 1, at each regular session of the legisla- 
ture a legislative committee of five members shall be 
appointed in tlie following manner and for tlie following 
purposes, viz: The president of the senate shall appoint 
two members of the senate and the speaker of the assembly 
shall appoint three members of the assembly, and such 
committee shall be known as the "Forest Reserve Com- 
mittee." The committee during the regular session for 
which they are appointed shall visit the forest reserve 
and report to the legislature during the same session as 
to the purchases of land made since the last regular session, 
and also prospective purchases, and so far as possible such 
legislative examination shall be so conducted that each 
legislative committee will supplement and complete the 
work of former legLslativo committees in examining both 
past and prospective p>u-chases of forest reserve lands. 

Sec I4i)7k. Brule river forest reserve. — II. is hereby 
declared to be the purpose and policy of the State to for- 
ever prohibit the building or miuntaining of any dam or 
dams upon the Brule river or any of its tributaries in 
Douglas county, Wisconsin, * * * It is further declared 
that it shall be the policy of the State to form a forest 
reserve of lands about and along the said Brule river and 
its tributaries. * * * 



Sec. 257. 2. Leasing forest reserve lands; disposition of 
moneys from cutting hay or picking cranberries. — In all- 
counties or portion of counties north of to^vTl thirty-three, 
the State board of forestry may lease any State lands for 
the purpose of cutting hay or picking cranbemcs there- 
from, under s\ich rules and regulations and for such cash 
price as they may determine; but it shall not be lawful to 
cut any timber or do any waste tJiereon . In all counties or 
portions of counties north of town thirty-three, which are 
witliin the permanent forest reserve area, to wit: Florence, 
Forest, Oneida, Vilas, Iron, Price and also within the 
Brule forest roser\e on the Brule river in Douglas county, 
the moneys recei\nd from the sale of hay or cranberries 
shall be paid into the forest reserve fund, but the moneys 
received from the sale of hay or cranberries in any other 
county or portion of a county north of town thirty-three, 
shall be paid by the State board of forestry to die towTi 
clerk of the town witJiin which such hay or cranberries 
were sold. All moneys so received from the State board 
of forestry by any town clerk shall be added to the drain- 
age fund of the town. 

Sec 1421-30. 1. Tuberculosis camp in forest reserves. — 
The State board of control of Wisconsin is hereby au- 
thorized to establish and operate a camp and farm in 
the forest reserves in which persons who are tlireatened 
with or who are recovering from tuberculosis may be 
received ar^d cared for, and the State board of forestrj' ia 
authorized to co-operate with and aid said State board of 
control of Wisconsin in tlie erection of a camp or camps on 
any State forest reserve lands appropriate therefor which 
may be designated by said board. 

3. Employment of patients in forest reserve. — The State 
board of forestry shall co-operate viidi the State board of 
control of Wisconsin in the employment of persons received 
into said camp and shall, so far as practicable, engage 
any such persons to do necessary work witliin the State 
forest reserve, * * * 

Sec 4442. Trespass.' * * * 

(2) OUTSroE OF STATE FORESTS.: 

Sec. 1494-54 
Secs. 1494-59; 
lion. •» * * * 

1 See this section, on p. 12, for general law prescribing penalty tor 
trespass on State lands. 

2 The authority confen*ed upon the Commissioners of the Public Lands 
(consisting of the secretary of st^te, treasurer and attorney general), to 
have ''the general care and supervision of all lands belonging to the Stat e, 
or in which it has an interest, or which are or may be held in trust for it, 
unless the superintendence thereof is vested in some other ofTicer, body 
or board,*' includes the following duties and powers of a forest adminis- 
trative nature: 0) Sale and lease, and protection of such lands; (2) seizure 
of lumber, timber, bark, etc., unlawfully cut upon such lands; (3) with- 
holding of patent for lands which have been trespassed upon, except 
upon compliance with the conditions in sec. 241, concerning payments 
for the land, and of the amount required as penalty for the trespass, and 
of all expenses connected with the seizure and care of the timber, etc., 
wrongfully taken, secs. 1S5-242: (4) sale of timber on public lands "which 
has been damaged by fire or winds, on such terms and in such manner 
as they shall deem best for the interests of the State." (Sec. 210b.) 

5 See this section, on p. 9, for provisions concerning trespass on State 
lands. 

* See these sections, on p. 9, for provisions concerning criminal and 
civil action for trespass on State and other lands. 



1494-60. Criminal and civil ac- 



12 



FORESTRY LAWS OF WISCONSIN, 



Secs. 1498; 1498b; 1498b-2. Fish and game wardens; 
trespass reports.^ * * * 

Sec. 243. Trespass; duties of sheriffs, town officers, and 
district attorneys; fees. — All sheriffs and town officora are 
especially charged to immediately communicate to the 
district attorney any and all information received by 
them respecting the commission of any trespass or waste 
upon the public lands and to enter complaint against 
the offender before some justice of the peace. Every 
district attorney, immediately upon receiving informa- 
tion of any such trespass upon lands in his county, shall 
prosecute the proper criminal action against such offender 
and advise said commissioners thereof, and shall, when 
required, prosecute a civil action for damages for any such 
trespass or to recover the possession of any materials 
taken from any such land. The commissioners may order 
to be paid to said district attorney out of fines collected 
from any person guilty of such offense a sum not exceed- 
ing ten per centum, and to the witnesses or other persons 
furnishing information of such offense a sum not exceed- 
ing twenty-five per centum of such fines collected. 

Sec 4442. Trespass: penalty. — Any person who shall 
cut down, injure or destroy any tree or timber growing 
or standing upon land belonging or mortgaged to or held 



1 See these sections, on p. 4, for duties of the fish and game wardens 
concerning fires and trespass on State lands. 



in trust by the State, or who shall take and carry away 
any timber or wood so cut or severed, or previously cut 
or severed and remaining upon such land, * * * or 
who shall wilfully, maliciously or wantonly cut down, 
injure or destroy any tree or timber growing or standing 
upon land belonging or mortgaged to or held in trust by 
any county in the State, or take and carry away any 
timber or wood so cut or severed, or previously cut or 
servered and remaining upon such land, * * * shall 
be punished by imprisonment in the county jail not more 
than six months or by fine not exceeding one hundred 
dollars. 

PART v.— MUNICIPAL FORESTS. 

Sec. 776. Powers of town meeting. — The qualified elec- 
tors of each town shall have power at any annual town 
meeting: * * * 

(12ni) Acquiring wood lot. — To authorize the town board 
to acquire by purchase or otherwise a sufficient tract of 
land to use and maintain as a wood lot and to preserve 
and reforest the same under regulations approved by the 
State board of forestry. The sale of such wood lot may 
be authorized or directed in like manner.'' 

! The employment of city foresters by boards of parlf commissioners 
iQ cities of the first class is authorized by chapter 408, Laws 1911. (See 
volume of Session Laws.) 



INDEX. 



Page. I 
Agricultural deparlmeut, State, deau of, a member of State board 

of forestry (sec. 1494-41) 1 

Appeals: 

To railroad commission (sec. 1494-57) 4,5 

To State forester (sec. 1494-109) S 

Appropriations: 

For salaries and other expenses of forejit administration (sec. 

1494-62) 2 

For State parks (sec. 1494-42) 1 

Salaries, etc., of employees to be charged against proper appro- 
priation (sec. 170m) 2 

For expense involved in taxation of forest reserve lands (sec. 

1092m) 9,10 

Cost of certain purchases tor additions to State forest reserve 
to be charged to appropriation for commissioners of public 

lands (sec. 1494-131) 10 

For forestry investment fund (sec. 1072-1) 11 

(See also Funds.) 

Arrests without warrant (sees. 1494-48. 1494-54) :S, 9 

Ash pans (sec. 1494-57) 4 

Assistant State firewarden. (.See Fires.) 
.\ssistant State forester: 

Appointment; qualifications; salary and expensej^; duties (sec. 

1494-46) 2 

Made assistant State firewarden (sec. 1494-47) 3 

(For duties connected with fires, see Fires.) 
(For other duties connected with State lands, see State forest 
lands.) 
Assistant town firewardens. (Sec Fires — (1) Protective system.) 

.\ssistants, employment of; salaries, etc. (sec. 170m) 2 

Attorney general member of State board of forestry (sec. 1494-41).. 1 
Boards of park commissioners, employment of city foresters by, 

in cities of the first class (chap. 408, Laws 1911) 12 

Boilers, screens, etc., on, and inspection of (sec. 1494-57) 4,5 

Bridges, timber for repair of (sec. 1494-60) 9 

Brule River Forest Reserve: 

Dams prohibited along river (sec. 1497k) 11 

Leasing lands in, for cutting hay and picking cranberries (sec. 

257) II 

Brush lands, screens, etc., on, and inspection of engines operated 

near or through (sec. 1494-57) 4,5 

Bulletins by State forestry commission (sec. 1494-43a) 2 

Camp fires (sec. 4405a) 

Camp, tuberculosis (sec. 1421-30) 11 

Cities and towns: 

Cooperative forestry work (sec. 1494-45) 2 

(For fire duties of town officers, see Fires— (1) Protective sys- 
tem; (3) Fallow and other fires.) 

Town clerk to read fire laws to people (sec. 832) 4 

Expenses Incurred by towns (sec, 1494-58) 5,0 

Exemption from taxation of forest-tree plantations within (sec. 

1494-104) 7 

Duties of town boards of review in connection with forest-tree 
plantations exempted from taxation (sees. 1494-106, 1494-107, 

1494-108) 7 

City foresters (chap. 408, Laws 1911) 12 

Clerks, employment of; salaries, etc. (sees. 1494-42, 170m) 1,2 

Closed seasons (sees. 1636a, 4405a) 6 

Commission, State forestry (sec. 1494^3a) 2 

Commissioners of the public lands: 

Sale of forest reserve lands by (sees. 1494-13, 1494-61) 8,9 

Sale of State lands and timber within Indian reservations by 
(sees. 1494-121 through 1494-124) 10 



Commissioners of the public lands— Continued. Page. 

Purchase of lands by, for State forest reserve (sees. 1494-131 

through 1 494-134) 10 

Personnel; jxiwers and duties concerning State forests (fool- 
note 2 re sees. 185-242, 210b) ;l 

State fish and game warden to report to commissioners tres- 
passes on State lands (sec. 1498) 4,12 

To be advised by district attorneys of prosecutions for trespass 

on State lands (sec. 243) 12 

Payment by, of fees in cases of prosecutions for trespasses on 

State lands (sec. 243) 12 

Committee, Forest reserve (sec. 1072-1) II 

Corapen.sation. (See Salaries and expenses.) 

Condemnation proceedings (sec. 1072-1) II 

Conservative lumbering on State forest reserve (sec. 1494-43) 8 

Cooperative forest work (sees. 1494-42, 1494-45) 1.2 

Comities: 

Cooperative forestry work (sec. 1494-45) 2 

Prosecutions by, for timber trespass on lands of (sees. 1494-59, 

1494-60) 9 

Recovery of damages by, for railroad fires (sec. 1494-58) 5,0 

Payment of emergency wardens; limit of amount (sec. 1494- 

48a) 3 

Cranberries, proceeds from (sec. 257) . . .■. 1 1 

Dams: 

Certain duties of State board of forestry and State forester 

(footnotes to sees. 1494-41,1494-42) 1 

Prohibited on Brule River and tributaries in Douglas County 

(sec. 1497k) 11 

Data, forest (sec. 1194-42) 1 

Dean of State agricultural department member of State board of 

forestry (sec. 1494-41) 1 

Deputies, employment of; salaries, etc. (sec. 170m) 2 

Director of State geological survey member of State board of 

forestry (sec. 1494-41) 1 

District attorneys: 

To prosecute violators of " forest act "; penalty for failure to do 

so (sec. 1494-55) 2 

To prosecute in cases of trespass upon public lands; fees to (sec. 

243) 12 

Donkey engiues, screens, etc., on, and inspection of (sec. 1494-57). 4,5 

Drauiage funds of towns (sec. 257) 11 

Emergency firewardens. (See Fires— (1) Protective system.) 

Engines (sec. 1494-57) 4,5 

Exchange of forest-reserve lands (sec. 1494-13) 8 

Expenses. (See Salaries and expenses.) 

Farm, tuberculosis (sec. 1421-30) U 

Federal cooperation in forestry work (sec. 1494-45) 2 

Fees, to mformants, district attorneys, and witnesses (sees. 1494- 

48, 1494-52, 243) 3,8,12 

Fire boxes (sec. 1494-57) 4,5 

Fire lines, on State forest reserve (sec. 1494-43) 8 

Fire notices: 

Postmg (sees. 1494-50,1494-57, 1636a, 4405a) 4,5,6 

Destruction of; penalty (sec. 1494-56) 4 

(See also Orders.) 

Fire-killed timber (footnote re sees. 185-242, 210b) II 

Firewardens. (See Fires— (1) Protective system.) 
Fires: 

(I) Protective system- 
State forester to prevent and e.xtmguish (sec. U94-42) 1,2 

State fu-ewarden and assistant State firewarden created; 

instruction and supervision of firewardens (sec. 1494-47) 3 
Town firewarden and assistant town firewarden created 

(sec. 1494-47) 3 

13 



14 



Fires— Continued. Pagp. 

(1) Protective system— Continued. 

Control of State fire force (sec. 1494-47a) 3 

Emergency firewardens, appointment and duties of (sec. 

1494~47a): compensation: how paid (sec. 1494-48) 3 

Employees engaged by State firewardens, compensation of; 

how paid (sec. 1494-48) 3 

Firewardens to check and prevent fires; power to arrest 

without warrant (sec. 1494-48) 3 

Firewarden powers of assistants appointed by State park 

board (footnote to see. 1494-48) 3 

Citizens may be impressed; compensation; penalty for 

refusal (sees. 1494-48, 1494-49) 3,4 

Fees to informants paid by towns upon appro\'til of State 

forester (sec. 1494-48) 3 

E.xpense of fire-fighting by town wardens, how paid; tax 

levy (sees. 1494-48. 1494-58) 3,5,6 

Refusal of wardens to perform duties; penalty (see. 1494-49) ^ 

Notices (sees. 1494-50, 1494-56, 1494-57, 1636a. 4405a) 4.5.6 

Reports by wardens (sec. 1494-51 ) 4 

Arrests and prosecutions for violations of fire laws (sees. 

1494-55, 1494-48, 1494-54, 1494-57, 1494-58) 2.3,4-0 

Fire duties of State fish and game warden, and deputy 

and special (county) wardens; created firewardens; no 

compensation (sees. 1498, 1498b, 1498b-2) 4,12 

Fire lines on State forest reserve (sec. 1494-43) s 

(2) Railroad fires- 
Screens or wire netting on smokestacks of engines; ash pans 

and fire boxes; spark arresters; appeals from decisions 

(sec. 1494-67) 4,5 

Employees to examine locomotives (sec. 1494-57) 4.5 

Powers of locomotive inspectors (sec. 1494-57) 4.5 

Powers of State board of forestry concerning defective '^ 

engines; appeals from decisions of (sec. 1494-67) 4,5 

Clearing rights of way (sec. 1494-57) 4,5 

Combustible deposits on tracks (sec. 1494-57) 4,5 

Employes to report fires; instructions to section employees 

(sec. 1494-57) 4,6 

Concentration of help (sec. 1494-57) 4,5 

Patrol, duties of corporation and of State board of for- 
estry; expenses; civil and criminal liability (sec. 1494-57) 4, 6 
Inspection of engines by State board of forestry (sec. 1494- 

57) 4,5 

Penalties for violation of regidations; civil liability (.sees. 

1494-57, 1494-58) 4-C 

Exemption from fire precaution requirements (sec. 1494- 

57) 4,5 

Railroads responsible in damages; evidence; delayed pay- 
ment (sec. 1816a) 6 

Insurable interest (sec. 1816a) G 

Limitation of actions (sec. 1816b) 

(3) Fallow and other fires- 
Closed seasons for burnings, notice of, by town supervis- 
ors (sec. 1636a); by town boards (sec. 4406a) ' 6 

Camp fires; setting out fires; failure to extinguish; penalty 

(sees. 440.5a; 4406) C 

Fiscal agent, special, State forester appointed (sec. 1494-43) 8 

Fish and game wardens, fire and trespass duties of (sees. 149S, 

1498b, 1498b-2) 4, 12 

Forest lands: 

Screens, etc., on and inspection of engines operated near or 

through (sec. 1494-57) 4.5 

(See alio State forest lands.) 
Forest protection and management, report upon State system of; 
plans tor improving; cooperative work in (sees. 1494-42, 1494-45) . 1,2 

Forest rangers, traming of (sec. 1494-42) 1,2 

Forest-reserve committee (sec. 1072-1) 11 

Forest-reserve fund (sees. 1494-61, 160f, 1494-121 through 1494-124, 

257) 9, 10, 11 

Forest-reserve income fund (sec. 160f) 9 

Forest reserves. State. (See State forest lands— (1) State forests.) 
Forester. (See State forester.) 



Foresters, city (chap. 408, Laws 1911) 12 

Forestry commission. State (sec. 1494-43a) 2 

Forestry investment fund (sec. 1072-1) 11 

Forestry work, duties of State board of forestry and State forester 

concerning (sees. 1494-42, 1494-46) 1,2 

Funds: 

Forest reserve fund (sees. 1494-61, 160t, 1494-121 tluough 

1494-124, 257) 9, 10, 11 

Forest reserve income fund (sec. 160f ) 9 

Forestry investment fimd (sec. 1072-1 ) 11 

Drainage fund of towns (sec. 257) 11 

(See also Salaries and expenses; Appropriations.) 
Geological survey. State. (See Surveys.) 

Grants of land for State forest reserve (sec. 1494-44) 8 

Grass lands, screens, etc., on and inspection of engines operated 

near or through (sec. 1494-57) 4,5 

Hay, proceeds from (sec. 257) 11 

Highways; 

District superintendents of, made town firewardens (sec. 1494- 

47) 3 

Liabilities for timber trespass on (sees. 1494-59, 1494-60) 9 

Timber tor repair of (sec. 1494-60) 9 

Indian reservations: 

State lands within, included within State forest reserve (sec. 

1494-43) 8 

Sale of State lands and timber within (sees. 1494-121 through 

1494-124) 10 

Individuals, cooperative forestry work (sec. 1494-45) 2 

Inspection of engines (sec. 1494-57) 4,5 

Inspectors, locomotive (sec. 1494-67) 4.5 

Insinable interest (sec. 1816a) 6 

Lands in private ownership: 

Screens, etc., on, and inspection of engines operated in or near 

forest, brush, or grass lands (sec. 1494-57) 4,5 

Fires on. (See Fires— (2) Railroad fires; (3) Fallow and other 
fires.) 

Liability for timber trespass on (sees. 1494-,W, 1494-60) 9 

Lectures (sec. 1494-42) 1,2 

Legislative forest-reserve committee (sec. 1072-1) 11 

Liability: 

Criminal — 

Of district attorneys and magistrates for failure to prose- 
cute and issue warrants (sec. 1494-55) 2 

Cf firewardens for refusal to perform duties (sec. 1494-49). 4 

( ' f citizens for refusal to fight fires (sec. 1 494-49) 4 

ft railroads for failure to provide fire patrol or e.xtinguish 

fires (sec. 1494-57) 4,5 

Penalties for failure to comply with requirements con- 

cemmg railroad fires (see. 1494-57) 4, 5 

For violations of closed-season orders, and for failure to 
extinguish camp or other fires (sees. 1636a, 4406a, 4406). 6 

Of trespass agents (see. 1494-53) 9 

CivU— 

Of railroads for cost of Are patrol (sec. 1494-67) -^. 6 

Civil action against railroads for violation of fire regula- 5,6 

lions (sec. 1494-57) 

Measure of damages for railroad fires; liability to State for 
fire damage to State lands and for cost of extinguishing 

(sec. 1494-.58) 5, 6 

Raihoads responsible for fires (sec. 1816a) , 

Limitation of actions (sec. 1816b) 

Locomotives, (See Fires — (2) Railroad fires.) 
Logging locomotives: 

Screens, etc., on and inspection of (sec. 1494-57) 4, 5 

Defined (sec. 1494-57) 4,5 

Lumbering, conservative, on State forest reserve <sec. 1494-43)... 8 
Magistrates, penalty for failure to issue warrants (sec. 1494-55) — 2 

Marsh fires (sec. 1494-48) 3 

Menominee Indian Reservation (sec. 1494-43) 8 

Minerals, sale of, on forest-reserve lands (sec. 1494-61) 9 

Mimicipal forests, acquirement, care and reforestation, sale of , 
(sec. 776) 12 



15 



I'age. 

Munsee Indian Reservation (sec. 14M-43) 8 

Notices: 

Posting (sees. 1494-50, H94-57, 1636a, 4405a) 4,5, C 

Destruction of (sec. 1494-i)6) 4 

Order by State board ol forestry tor railroad patrol (sec. 1494- 

57) 4,5 

Orders tor closed season for burnings (sees. 1636a, 4405a) fl 

Nurseries on .State forest reserve (sec. 1494-43) 8 

Orders: 

By State board of forestry tor railroad patrol (sec. 1494-57). . . 4,5 

For closed season for burnings (sees. 1636a, 4405a) 6 

Park commissioners, boards of, employment of city foresters by, 

in cit ies of the first class (chap. 4ils, Laws 1911 ) 12 

Parks. (See State parks; Boardsof parkcommissioners.) 
Patrol, railroad Are, duties of corporation and State board of for- 
estry (sec. 1494-57) 4,5 

Plantations: 

Exempt from taxation (sees. 1494-101 through 1494-111) 6-8 

On State forest reserve (sec. 1494-43) 8 

Portable engines, screens, etc., on and inspection of (sec. 1494-57). 5 
Purchase of lands for S tate forest reserve. (See State forest lands— 

(1) State forests.) 
Railroad commission of Wisconsui; 

Slate forester to assist, in determining value of certain lands 

(footnote to sec. 1 494-42) 1 

.Vppeals to, from decisions of State board of forestry concern- 
ing defective engines, and fire-protection devices (sec. 

1494-57) 4, 5 

Railroads. (For Fire precautions, see Fires— (2) Railroad fires). 

Rangers, training (sec. 1494-42) 1,2 

Reforestation (sees. 1494-42, 1494-45) 1,2 

Reports: 

By State board of forestry (sec. 1494-42) 1,2 

By State forester (sees. 1494-42, 1494-122) 1,2,10 

By State forestry commLssion (sec. 1494-43a) 2 

By firewardens (sec. 1494-51) 4 

By fish and game wardens (sees. 1498, 1498b) 4 

By trespass agents (sec. 1494-54) 9 

By forest-reserve committee to legislature (sec. 1072-1) 11 

Reservoirs, certain duties of State board of forestry and State 

forester (footnotes to sees. 1494-41, 1494-42) 1 

Rewards to informants (sees. 1494-48, 1494-52) 3,8,9 

Rights of way: 

Clearing; patrolling (sec. 1494-57) 4, 5 

Responsibility of railroads for flres along (sec. 1818a) fi 

Salaries and expenses: 

Of State board of forestry (sec. 1494-41) 1 

Of State forester, assistant State forester, and other employees 

(sees. 1494^2, 1494-46, 170m) 1,2 

.\ppropriations for salaries, etc., of forest officers (sec. 1494-62). 2 
Expenses of fire fighting by town wardens, how paid; tax 

levy tor; on State kinds (sees. 1494-4S, 1.194-38) 3,5,0 

Compensation of emergency wardens and employees, how 

paid by counties and State; coimty limit (sec. 1494-48a). . . 3,4 
No compensation to fish and game wardens for acting as fire- 
wardens (see. 149Kb-2) 4 

Cost of railroad fire patrol (.sec. 1494-57) 4,5 

(Seeaho Funds; Appropriations.) 

Sale of forest-reserve lands (sees. 1494-43, 1494-61 ) 8, 9 

Sale of State lands and timber within Indian reservations; pro- 
ceeds to go, in part, to forest-reserve fund (sees. 1494-421 through 

1494-124) 10 

Sale of wood, timber, etc., on State forest reserves (sees. 1494-43, 

1494-61) S,9 

Screens on engines (sec. 1494-57) 4,5 

Secretary of State board of forestry (sec. 1494-42) 1 

Sheriffs, to report trespasses on public lands (sec. 243) 12 

Spark arresters (see. 1494-57) 4, 5 

Special fiscal agent, State forester appointed (see. 1494-43) : 8 

State agrlcultiu'al department, dean of, a member of State board 
of forestry (sec. 1494-41) 1 



I'age. 

State board of control of Wisconsin (sec. 1421-30) 11 

State board of forestry: 

Persoimel, dates of meeting, compensation (sec. 1494-41) 1 

.Vppointment of State forester; supervisory power over (sees. 

1494-42, 1494-45) 1,2 

Bieimial reports (sec. 1494-42) 1,2 

Care and protection of State lands acquired tor public park 
purposes, expenditure of appropriations therefor (sec. 1494- 

42) 1,2 

Duties concerning dams and reservoirs (footnote to sec. 1494- 

41) 1 

.\pproval of appointment of assistant State forester (see. 

1494-46) 2 

Locomotive inspectors designated by, defective engines; ap- 
peals from inspectors' decisions (sec. 1494-.57) 4,5 

Railroad fire patrol (sec. 1494-57) 4,3 

Inspection of engines (sec. 1494-57) 4,5 

.\ppeals from decisions by board concerning fire protection 

devices on engines (sec. 1494-57) 4,5 

May exempt railroad companies from fire regulations (sec. 

1494-.57) 4,5 

(For duties connected with State forest reserves, see State 

forest lands— (1) State forests.) 
.Vpproval by, of regulations governing mimicipal forests (sec. 

776) 12 

(See also State forestry commission.) 

I State cooperation in forestry work (see. 1494-45) 2 

State firewarden. (5ce Fires— (1) Protective system.) 

! State fish and game warden (sees. 1498, 1498b, 1498b-2) 4 

] State forest lands: 
] (1) State forests— 

j Creation of State forest reserve (sec. 1494-43) 8 

Sale and exchange of forest-reserve lands (.sec. 1494-43) 8 

Management of State forest reserve; assistance; conserva- 
tive lumbermg; nurseries; lire lines, etc.; sale of wood, 

timber, etc. (sees. 1494-42,1494-43) 1,2,8 

State forester appointed a special fiscal agent (sec. 1494- 

43) 8 

.\dvances to State forester to pay temporary laborers (see. 

1494-43) S 

Grants of land for State forest reserve (sec. 1494-14) 8 

Survey of water powers on reserve (sec. 1494-43a) 2 

State trespass agents; personnel, appointment, duties 

(sees. 1494-52, 1494-53, 1494-54) 8, 9 

Fees to informants in eases of trespass prosecutions (sec. 

1494-52) 8, 9 

Oath of trespass agents not to purchase State lands or 

products, etc. ; penalty for violation (see. 1494-53) 9 

Power of trespass agents to arrest without warrant; reports 

(sec. 1494-54). -, 9 

Criminal liability for trespass on (sets. 1494-59, 4442) 9,12 

Civil liability for trespass on (.sec. 1494-60) 9 

Forest-reserve fund (sees. 1494-61, 160f, 1494-121 through 

1494-124, 257) 9,10,11 

Forest-reserve income fund (sec. 1601) 9 

Taxation of forest-reserve lands; appropriation therefor 

(sec. 1092m) 9, 10 

Sale of State lands and timber within Indian reservations; 
proceeds to go, in part, to forest-reserve fund for purchase 
of State forest-reserve lands (sees. 1494-121 through 1494- 

124) 10 

Purchase by commissioners of the public lands as addi- 
tions to Slate forest reserve (sees. 1494-131 through 1494- 

134) 10 

Cost of purchases charged to proper appropriation for 

commissioners of the public lands (sec. 1494-131) 10 

.\imual appropriation for purchase of State forest reserve 

lands by commissioners of the public lands (see. 172-.37).. 10,11 
Armual appropriation, for five years, to constitute the 
forestry investment fund; purposes; contmuous (sec. 
1072-1) U 



16 



state forest lands— Continued. 

(1) State forests— Continued. 

Purchases of additional lands by State forester (sec. 1072-1) 11 

Condemnation proceedings (see. 1072-1) 11 

Forest reserve committee, report by, upon purchases of 

forest reserve lands (.sec. 1072-1) 11 

Further purchases of lands for State forest reserve inhibited 

temporarily (footnote to sec. 1494-131) 10 

Brule Hiver Forest Reserve (sees. 1497k, 257) 11 

Leasing forest-reserve and other State lands for cutting hay 
and picking cranberries; timber trespass or waste there- 
on prohibited; proceeds to go into forest-reserve fund, 
and to town clerks for drainage fund of town (sec. 257). . 11 
Tuberculosis camp in forest reserve.s; employment of pa- 
tients (sec. 1421-30) 11 

(2) Outside of State forests- 
Water-power survey on (sec. 1494-43a) 2 

Commissioners of the public lands in charge of; powers and 

duties (footnote re sees. 185-242, 210b) 11 

Sale, lease, and protection of lands; sei/.ure of timber, etc., 
cut in trespass; withholding of patents; sale of damaged 

timber (footnote re sees. 185-242, 210b) 11 

Power of trespass agents to arrest without warrant; re- 
ports (sec. 1494-54) 9 

Criminal liability for trespass on (sees. 1494-59, 4442) 9,12 

Civil liability for trespass on (sec. 1494-60) 9 

Fire and trespass duties of fish and game wardens (sees. 4 

1498, 1498b, 1498b-2) 12 

Sheriffs, town officers, and district attorneys to see to prose- 
cutions for trespass; fees (sec. 243) 1,2 

State parks under charge of State board of forestry; appro- 
priations for (sec. 1494-42) 1,2 

(Sec also State lands in general.) 
Slate Forest Keserves. (See State forest lands — (1) State forests.) 
State forester: 

Appointment; qualifications; salary and e.xpenses; supplies 

and equipment (sees. 1494-41, 1494-42, 170m) 1,2 

Powers and duties — ^ 

Appointment by, of clerks, deputies, and other assist- 
ants; compensation and expenses (sees. 1494-42, 

170m) 1,2 

Secretary to State board of forestry (sec. 1494-42) 1,2 

Charged with execution of State forestry matters; 
management of State forest reserves; collection of 
forest data; prevention and extinguishment of fires; 
prevention of forest trespass; lecture,'; (sec. 1494-42). 

Cooperative forest work (sees. 1494-42, 1494-48) 1,2 

Appointment by, of assistant State forester (sec. 

1494-46) 2 

Made State firewarden (sec. 1494-47) 3 

(For duties connected with fires, sec Fires; tor other 
duties connected with State lands, sic State forest 
lands— (1) State forests, (2) Outside of Slate forests.) 
( For duties comiected with forest tree plantations ex- 
empted from taxation, sec Taxation.) 
State forestry commission; 

Survey of water powers; report thereon (sec. l)94-4:ia) 2 

(See alsn State board of forestry.) 
State geological and natural history siuvey: 

Director of, a member of State board of forestry (sec. 1494-41 1 . 1 

Study of forests of State by (footnote to sec. 1494-42) 2 

State lands in general: 

Fires on. (See Fires— (2) Railroad fires, (3) Fallow and other 
fires.) 

Survey of water powers on (sec. 1494-43a) 2 

Liability for timber trespass on (sees. 1494-59, 1494-60, 4442) .. . 9,12 
(See also State forest lands.) 
State parks: 

Under charge of State board of forestry; appropriations for 

(sec. 1494-42) 1,2 

Firewarden powers of assistants appointed by State park board 

(footnote to sec. 1494-48) 3 

Stockbridge Indian Reservation (sec. 1494-43) S 



Streams; survey of water powers (sec. 1494-43a) 2 

Surveys: 

State geological and natural history survey, study of forests of 

State by (footnote to sec. 1494-42) 2 

Survey of water powers (sec. 1494-43a) 2 

Cooperative work in forest surveys (sec. 1494-45) 2 

Swamp fires (sec. 1494-48) 3 

Taxation: 

Taxation of forest-reserve lands; appropriation for (sec. 1092m) 9,10 
State forester to report on plans for improvement of forest taxa- 
tion (sec. 1494-42) 1, 2 

Tax levy by towns for cost of fire fighting (sec. 1494-48) 3 

Forest tree plantations — 

Exemption from taxation; thiiming out (sec. 1494- 

101) 6,7 

Filing of plats (sec. 1494-102) 7 

Cancellation of exemption by State forester (sec. 1494- 

103) 7 

Exemption within 2 miles of city or village; approval 

of State forester (sec. 1494-104) 7 

Privilege inviolable (sec. 1494-105) 7 

Valuation of land prior to planting (sec. 1494-106) 7 

Meeting by town board of review for valuation (sec. 

1494-107) 7 

Record of valuations (sec. 1494-108) 7,8 

Valuation after planting; appeals to State forester 

(sec. 1494-109) 8 

Exemption period (sec. 1494-110) 8 

Corporations entitled to privilege (sec. 1494-111) 8 

Threshing engines, screens, etc., on, and inspection of (sec. 1494- 

67) 4,5 

Town firewardens. (Sec Fires— (1) Protective system.) 
Town olficers: 

(For fire duties of, see Fires— (1) Protective system, (3) Fal- 
low and other fires. ) 

To report trespasses on public lands (sec. 243) 12 

Towns. (Sec Cities and towns. ) 

Traction engines, screens, etc., on, and inspection of (sec. 1494-57). 4,5 

Trespass, timber: 

State trespass agents, personnel; powers and duties (sees. 1494- 

52, 1494-53, 1494-54) 8,9 

General authority to- prevent forest trespass vested in State 

forester (sec. 1494-42) 1,2 

Fish and game wardens, trespass duties of (sees. 1498, 1498b, 

1498b-2) : 4,12 

District attorneys, sheriffs, and town officers, duties concerning 

trespasses on State lands (sec. 243) 12 

Liability for trespass; criminal (sees. 1494-59, 4442, 243); civil 

(sees. 1494-60, 243) 9,12 

Disposition of penalties (sec. 1494-61) 9 

Tuberculosis camp (sec. 1421-30) 11 

United States: 

Federal cooperation in forestry work (sec. 1494-45) 2 

Penalties for fires on lands of. (See Fires — (3) Fallow and other 

fires.) 
Liability for timber trespass on lands of (sees. 1494-59, 1494-60). 9 
Sale of State lands and timber within Indian reservations to 

(sees. 1494-121 through 1494-124) 10 

United States Department of Agriculture, certificate from, as to 

qualifications of State forester (sec. 1494-42) 1 

University of Wisconsin: 

President of, a member of State board of forestry (sec. 1494-41). 1 

Instruction of forest rangers (sec. 1494-42) 1,2 

Wardens, fire. (See Fires— (1) Protective system.) 

Waters; survey of water powers (sec. 1494-43a) 2 

Wind-felled timber (footnote re sees. 185-242, 210b) 11 

Wire netting on smokestacks (sec. 1494-57) 4, 5 

Wisconsin Railroad Commission. (See Railroad Commission of 

Wisconsin). 
Working plans, forest, cooperative work in preparing (sees. 1494- 
42, 1494-45) 1,2 

WASHINGTON : GOVERNMENT PRINTING OFFICE : 1816 



Date of i 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 



LOUISIANA 

(Serial 1— Through Reg. Sess., 1914) 

Compiled in the Office of State Cooperation by Jeannie S. Peyton 

PURPOSE OF COMPILATION 

Information about, the forestry laws of the various States, especially about those laws 
deahng with certain specific problems, is being demanded more and more; and requests for such 
information, coming from legislators, State administrative officers, forestry associations, forest 
schools, and other bodies and individuals, have led to the compilation, infonnally, of such State 
laws as bear more or less directly on the practice of forestry. 

The pm"pose of the compilation, of which this serial is a part, is to make easy a comparative 
study of the laws of the different States and to fm'ther the development of practical forestry 
legislation. By the classification of the laws and parts of laws imder the headings: "Adminis- 
tration," "Fires," "PubHc Forests," and "Taxation," the comparison is simplified, and the 
progress of each State, or lack of it, in these particulars, is clearly shown. 

The better to accomphsh this educational aim, the^reat mass of timber and tree laws and 
those finer points of reference proper only to a legal or administrative manual have Ijeen omitted. 



PART I. ADMINISTRATION. 

(This division comprises the pro\'isious of law, if any, 
defining the general administrative duties of the re|:ularly 
constituted State forestry officials; also certain miscella- 
neous forestry provisions" For specific provisions, if anv, 
concerning administrative duties of these or other Statu 
officers in connection with forest fires, State and munici- 
pal forests and nurseries or other State lands, or forest 
taxation, see Parts II, III, and IV, respectively.) 

Sec. 1, Act 261, L. 1910, revised in accordance with 

Act 127, L. 1912. 

Amending title. — Be it enacted by the General Assembly 
of the State of Louisiana, That Act No. 113 of the Session 
of 1904, approved July 4, 1904, be amended and re-onacted 
80 as to read as follows: 

An Act to establish ' * * * to provide for the ac- 
ceptance of gifts of land by the State [for] forests, and the 
administration thereof; to provide for the preservation of 
the forests of the State, and the prevention and suppression 
of forest tires; to pro\dde penalties for the violation of this 
Act, and for other purposes. 

' The Conser\'ation Commission created in 1912 (act 127, L. 1912, p. 2) 
supersedes the forest olBcials mentioned in tliis act. The portions of 
this act which are in consequence no longer in effect are omitted iu this 
compilation. The necessary referenced to the Conserx'ation Commission 
of 1912 are inserted thus: [ ]. 
1889—15 



Skc. 3, .\cT 201, L. 1910, REVISED i\ .\c('orih\i::e with 

Act 127, L. 1912. 

Conservation Commission, duties in general: 
Administrative — Concerning fires — Educational 
Cooperative — Investigative — Concerning State for- 
ests — Forest data — Grazing and turpentining — 
Reports on forestry — Collection of license tax. — Be 
it further enacted, etc., That it shall be the duty of the 
* * * [Conservation Commission] to have direction of 
all forests interests and all matters pertaining to forestry 
within the jurisdiction of the State, take such action as is 
authorized by law to prevent and extinguish forest fires, 
and enforce all laws pertaining to forest woodlands and 
prosecute tor any violation of such laws.' [It] shall carry 
on educational work in the State in the interest of forest 
preservation by means of correspondence, publications and 
lectures, especially in the schools of the State.- Itshall be 
[its] duty to cooperate with private timber owners in laying 
plans for the protection, management and replacement of 
forests and in aiding them to form protective associations. 

■ For provisions concerning prosecutions, see sec. 3, Mt 127, L. 1912, 
on p. 3. 

2 The State and parish boards of public education and the State irni- 
versity are also charged, independently, with the providing of public 
instruction in forestry. (See sec. 115 of this 1910 act, and act 242, L. 1908' 
in volumes of Se.ssiou Laws for 1910 and 1908.) 

\ 



STATE FORESTRY LAWS LOUISIANA. 



s:^^> 



It shall be [its] ' duty to examine all timbered lands belong- 
ing to the State, and report to the Conservation Commission 
upon their timber condition and actual value, and also 
whether some of those lands may not be held as State forest 
reserves. [It] shall be responsible for the protection and 
management of lands donated to or purchased by the 
State, and of all other lands reserved by the State as State 
forests. [It] shall make statistics of forest conditions, of 
forest resources of the State, the extent of forest injuries, 
conduct experiments in tree planting and note the effect of 
forest grazing and turpentining and along other lines of 
forest work. [It] ' shall prepare an annual report of the 
progress and conditions of the State work in forestry to the 
Conservation Commission and therein recommend plans for 
impro\'ing the State system of forest protection, manage- 
ment and replacement. Whenever it shall be reported to 
[it] that any person or persons engaged in a timber busi- 
ness subject to license tax are operating without license, 
[it] shall cause the same to be collected according to law. 

Sec. 12, Act 2G1, L. 1910. 

Monies from penalties to go to conservation 
fund. — Be it further enacted, etc., That all moiuos minus 
the cost of prosecution, received as penalties provided for 
the violations of this Act, shall be paid into the State 
Treasury and placed to the credit of the Conservation Fund. 

Sec. 1, Act 172, L. 1910. 

Preamble. — Be it enacted by the General Assembly 
of the State of Louisiana, That Act No. 144 of the Session 
of 1908, approved July 2nd, 1908, be amende^ and re- 
enacted so as to read as follows: 

Whereas, the recent conference of Governors, in the 
White House declared their firm conviction that the con- 
servation of natural resources is a subject of transcendent 
importance; that these resources include the waters, the 
forests, and minerals; that the nation, the State and the 
people should co-operate in conservation; and. 

Whereas, the conference declared that tliis co-operation 
should find expression in suitable action by the Congress 
within the limits of, and co-extensive with, the national 
jurisdiction of the subject, and complementary thereto by 
the legislatures of the several States within the limits of 
and co-extensive with, their jurisdiction, and. 

Whereas, the conference recommended the appoint- 
ment by each State [of] a Commission on the Conservation 
of Natural Resources, to co-operate with each other and 
with any similar Commission of the Federal government, 
therefore.^ 

1 Formerly referred to the State forester, whose duties are now dis- 
charged by the Conservation Commission. Hence, the anomaly of 
requiring the commission to report to itself. 

2 The present Conservation Commission (see act No. 127, L. 1912, below) 
supersedes the Conservation Commission of eight members which was 
created by sec. 2 of this act, and which included, as ex officio mem. 
bers, the superintendent of experimental stations of Louisiana, the 
State forester, and the chief engineer of the State board of engineers. 
The portions of this 1910 act which are, in consequence, no longer in 
effect, are omitted in this compilation, and a necessary reference to the 
1912 act is inserted. 



Sec, 3, Act 172, L. 1910, revised in accohdance with 

Act 127, L. 1912. 

Conservation Commission, duties in general. — 
Be it further enacted, etc.. That it shall be the duty of the 
Commission provided for in * * * [Act No. 127, Laws 
1912] to inquire into and report on the forest conditions 
of the State of Lo- isiana, with reference to the preserva- 
tion, the reforesting of deiu'ded lands, the effect of the 
destrr.ction of forests on climatic conditions and water- 
ways, and their control, * » * and generally on all 
matters pertinent to these subjects; it shall have super- 
vision of the Department of Minerals and Forestry, and 
of s ch other department dealing with natural resources 
as may hereafter be created. Upon emergency it shall 
have authority to expend monies from the Conservation 
Fi.nd, upon approval of the Governor and the Attorney 
General, to promote protect and conserve the natural 
resoi rces of the State provided such expenditure shall 
not take from the amount in such fund required to meet 
fixed expenses; * * * 

Sec. 4, Act 172, L. 1910, revised in accordance with 

Act 127, L. 1912. 

Conferences. — Be it further enacted, etc.. That * * * 
it shall confer with similar Commissions appointed by 
other States and with the Federal Commission at the 
General Assembly of such Commissions; * * * 

Sec. 5, Act 172, L. 1910. 
Information from other departments. — Be it 

further enacted, etc.. That the Commission shall be author- 
ized to call upon any department of the State of Louisiana, 
for information, and if the fi.rnisliing of said information 
shall incur incidental expense in said department not 
now provided for in the way of research or printing, the 
said departments are authorized to incur said expense 
not to exceed fifty dollars ($50.00) for any sich depart- 
ment. 



LIBf^RY OF 



Sec. 1, Act 127, L. 1912. 

Conservation Commission: Appointment — Pow- 
ers — Compensation — Expenses for clerical force — 
Attorney general to represent commission. — 
Be it cnachxi by the General Assembly of the Slate of Lou- 
isiana, That the Conservation Commission is hereby 
created, composed as follows: 

Three commissioners, one of whom shall be president of 
said Commission, shall be appointed by the Governor, by 
and with the advice and consent of the Senate, for a term 
of four years and shall be men who are informed in whole, 
or in part, on the following subjects: * * * and the 
forestry * * * resources of the State. After being 
confirmed by the Senate, the said Commissioners shall not 
be subject to removal by the Governor; they shall be sub- 
ject to removal for malfeasance, nonfeasance, or incompe- 
tency upon charges made before a court of competent 
jurisdiction. 

The said commissioners shall have the supervision and 

cont rol ov.ey all employees in every branch of the service, 

CONGRESS 



MAY 251922 



STATE FORESTRY LAWS LOXJISIAKA. 



3 



and shall give their entire time to the service and shall re- 
ceive a salary not to exceed Twenty-four Hundred dollars 
per annum payable monthly, except the jjresident, who 
shall receive not to exceed Three Thousand Dollars per 
annum, payable monthly, and shall receive actual travel- 
ing and hotel expenses when engaged in the discharge of 
their official duties. 

The Commission shall have authority to pay the ex- 
penses of any of its employees, officers or assistants either 
within or without the State, while. in the .service of the 
Commission. The Commission is authorized to employ 
such clerical and other assistance as may be necessary to 
efficiently transact its business and promote the good of 
the service, and fix the salaries, provided that the total 
expenses for this purpose shall not exceed 20,000 dollars 
per annum for clerical and all office and traveling expenses, 
and provided there shall not be any attorney other than 
the Attorney General to represent said Commission. 

.Sec. 2, Act 127. L. 1912. 

Commission: Vested with corporate powers — 
Domiciled at New Orleans — To collect data — Juris- 
diction of — Reports to goveriior — Enforcement of 
forest laws. — Be it fieri her ermcled. elc. That the Con- 
servation Commission of Louisiana is hereby constituted a 
department of the .State government for the purpose of the 
protection, management, and conservation of * . * * 
and the natural * * * and forestry resources of the 
State and to see that all laws relative thereto are enforced,' 
and, as such, it is hereby created a body politic or political 
corporation invested with all powers inherent in such cor- 
poration. 

It shall have authority to sue and lie sued under the 
style "Conservation Commission of Louisiana'' and all 
process against said corporation shall be served on the 
president, or in his absence on any member of the said 
Conservation ('ommission, at the general office and all 
suits in its behalf shall be brought by its president in the 
name of the Commission. In case there are any suits 
pending in which the * * * or the Con.servation Com- 
mission heretofore created are parties to .said suit either as 
plaintiff or defendant the present Conservation Commis- 
sion created by this Act shall be substituted and become 
parties to said litigation in lieu of the former commission, 
which shall be superceded [superseded] by the present 
one. The domicile of said corporation is hereby fixed in 
the City of New Orleans, where the office shall be estab- 
lished, and where its archives shall be kept, and services of 
processes shall be made upon the president or other 
member of the Commission in person. 

It shall be the duty of said Commis.sion to collect, clas- 
sify and preserve such statistics, data and information, as 
will tend to promote the objects of this act and to take 
charge of and keep all records, books and papers and docu- 
ments which shall in the discharge of their duties here- 
under come in their possession or under their control; to 
make and execute all contracts, and generally to do and 



' For provisions concerning prosecutions, see the following section. 



perform all things necessary to carry out the objects of this 
act subject to all limitations and duties herein provided. 

Said Commission shall adopt by-laws for its own govern- 
ment and the government of its employees, it shall adopt 
rules and regulations for comprehensive control of * * * 
and natural resources of the State which said by-laws or 
rules and regulations shall not be inconsistent with or con- 
trary to the provisions of this act. 

Any person in interest who feels aggrieved l>y any such 
n:le or regulation shall have the right to test the legality 
of the same in the courts of tlie .State, either in the Coi.rt 
of the jurisdiction wherein the contest arises, or at the 
domicile of the Commission. 

It shall be the duty of the Commissioners, at each 
regi.lar meeting to examine all accounts and operations 
of the Commission and determine what work shall be 
undertaken; and monthly reports thereof shall be made 
in writing to the Governor, and condensed quarterly copies 
of said monthly reports shall be printed in one morning 
paper in the City of New Orleans, * * * It shall, like- 
wise enforce all laws relating to the luiti ral * * * and 
forestry resources of tliis State ' * * * .\nd said Com- 
mission shall in every way possible as.sist in developing 
the natural resources of the State under its jurisdiction 
to their fullest proportions. 

Sec. .■?, Act 127, L. 1912. 

Prosecutions: Civil, by Consex-vation Commis- 
sion — Criminal, by district attorney. — Be it further 
enacted, etc., That this Commission shall have power and 
authority, in its name, to initiate and prosecute all civil 
actions or proceedings arising from the violation of any 
law, the administration of which is imposed upon it. 
And it shall also be the duty of said Commission to report 
all violations of the criminal laws with the enforcement 
of which it is charged to the District Attorney within whose 
jurisdiction such infractions ocoir, and see that such 
cases so reported are promptly prosecuted and it shall be 
the duty of the District Attorney to pro.seciite all such 
actions and make report of si ch prosecutions to the Com- 
mission. Tlus obligation shall be mandatory on the 
District Attorney. 

Sec. 4, Act 127, L. 1912. 

Conservation Commission: Annual report — Ap- 
propriations for work of — Conservation fund: Be- 
ceipts and disbuxsements. — Be it further enacted, etc., 
That it shall be the duty of said Commission, on or before 
the first Monday in April of each year, to prepare and 
present to the Governor of the State, a printed annual 
report showing the operations of the ('ommission since the 
date of its last anni al report, showing the amount of money 
received by it and from what so..rces, the amount of money 
expended by it and for what purpose, and in each annual 
report immediately preceding the regular session of the 
General Assembly, the Commission shall include an 
estimate of proposed expenditures and expenses for the 

1 For provisions concerning prosecutions, see the following section. 



STATE FOEESTRY LAWS LOUISIANA. 



ensuing two years; and its prospective revenues and such 
recommendations for legislative action if any the Com- 
mission may deem wise for the better accomplishment of 
the purposes of tliis act. The Governor shall lay copies of 
said report before the General Assembly convening after 
their receipt, and at each regular session the General 
Assembly shall appropriate such funds as it may deem 
wise, for the contimiation of the work of said Commission. 
A fund to be known as the "Conservation FYind" is hereby 
established and all fiinds collected by the Conservation 
Commission as herein provided for shall be paid in the 
State Treasury to the credit of said fund, a record of said 
payments being made by the State Auditor, and acknowl- 
edgement thereof sent to the Conservation Commission, 
that all expenditures shall be made out of the said fund by 
the warrant of the said Conservation Commission drawn 
on the State Auditor, wliich warrant shall be signed by 
the President of the Conservation Commission, and coun- 
tersigned by its Secretary and said State Auditor shall, 
in turn, issue his warrant in payment thereof on the State 
Treasurer, said Conservation [Commission] shall keep a 
set of books showing from whom every dollar is received 
and for what purpose; to whom every dollar is paid and 
for what pi.rpose; and shall keep in its file vouchers or 
receipts for all monej's paid out. * * * 

Sec. 5, Act 127, L. 1912. 
Bonds of commissioners and employees. — Be i 

further enacted, etc., That each one of said Commissioner^ 
shall give for the faithful performance of the duties of his 
office a bond in favor of the Governor of the State for the 
benefit of the people of the State in the sum of Five 
Thousand Dollars (?5,000.00) and each employee of the 
said Conservation Commission other than the Commis- 
sioners, shall give a similar bond for the faithful per- 
formance of their duties in the sum of One Thousand 
Dollars (.?1,000.00). In case of forfeiture of any of said 
bonds and recovery on same, the amount recovered shall 
go to the general fund of the Commission. 

Sec. 7, Act 127, L. 1012. 

Natural resources, not to be exploited by officers 
and employees of commission. — Be it further enacted, 
etc., That the Conservation Commission shall permit no 
salaried officer or employee to be actively interested in the 
exploiting for personal gain of any of the natural resources 
of the State, or to be employed by any person, firm or 
corporation engaged in the exploiting of any of the natural 
resources of the State, under the penalty of dismissal from 
the service hereof and forfeiture of any rights sought to be 
acquired by said officer or employees. 

Sec. 11, Act 127, L. 1912. 

Special conservation agents, powers and duties — 
No compensation. — Be it further enacted, etc., That the 
Conservation Commission shall have power to appoint 
competent men throughout the State to be known as 
"Special Conservation Agents," who shall possess all 
rights and powers given by the law to the regular Conser- 



vation Agent except the right to search without warrants, 
and they shall be subject to all reqiiirements and regula- 
tions both of the law and the rules of the Conservation 
Commission, provided that such special Conservation 
Agent .shall be in no way entitled to recompense from 
either the parish, or State or Commission for services 
rendered or expenses incurred in the performance of 
their duty. All sheriffs, constables and Peace Officers 
shall have the power as Conservation Agent under this 
Section except the right to search without warrant, and 
shall receive one-half of all fines collected for violation of 
the Game and Conservation Laws of this State that may 
be reported by them. 
Sec. 12, Act 127, L. 1912. 

Conservation Commission: Expenses, how paid — 
Fines under conservation laws to go to school 
funds. — Be it further enacted, etc., That all salaries and 
other expenses of said Conservation Commission are to be 
paid by warrant of the Conservation Commission of 
Louisiana drawn on the State Auditor, which warrant 
shall be signed by the President of the Conservation Com- 
mission and countersigned by its Secretary, and the State 
Auditor, shall, as hereinbefore provided, issue his warrant 
on the State Treasiuer in payment thereof, said payment 
to be made from the funds collected by the sale of hunting 
licenses, or forfeiture of bonds and from all money which 
may be appropriated by the General Assembly for the use 
of the Conservation Commission and from all revenues 
derived from oysters and shrimp licenses and tax, or 
licenses for the trapping of fur bearing animals and licenses 
on fish seines, boats, diamond back terrapin, and from 
other sources. All fines derived from convictions of the 
violations of the Conservation laws of this State, except as 
may be herein otherwise provided less the sheriff's per 
cent for collection provided by law, shall be paid to the 
treasurer of the school funds for the use of the public 
schools in the parish in which the violation occurred. 
Sec 26, Act 127, L. 1912. 

Consolidation of duties. — Be it further enacted, etc.. 
That the Conservation Commission hereby created shall 
be charged with the duties of carrying out the provisions 
of Act 172 1 * * * of 1910, and any other laws on 
the subject of the Conservation of the Natural, * * * 
and forestry resources of this State in so far as they are not 
in conffict with the provisions of this Act, and the Conser- 
vation Commission hereby created shall to that extent 
discharge the functions heretofore exorcised by the Con- 
servation Commission created by Act 172 of 1910. 
Sec. 27, Act 127, L. 1912. 

Services of former officials dispensed with — Con- 
servation Commission given full charge. — Be it 
further enacted, etc.. That the Conservation ('nmmission 
hereby created shall be charged with the duty of carry- 
ing out the provisions of Act number 261 ^ of 1910, amending 
and re-enacting Act number 113 of 1904, and the service 



1 Seep. 2. 



s pp. 1, 2, 5, 6, 7. 



STATE FORESTRY LAWS LOUISIANA. 



of the other officials mentioned in aaid act are hereby dis- 
pensed with, the same being placed under the exclusive 
control and administration of the Conservation Commission 
hereby created. 

Sec. 28, Act 127, L. 1912. 

Penalty for violation of act. — Be it further enacted, 
etc., That any person violating any of the provisions of 
this Act, where a punishment has not been otherwise pro- 
vided, shall be guilty of a misdemeanor, and upon convic- 
tion thereof by any court of competent jurisdiction, shall 
be liable to a fine of not less than twonty-five dollars 
($25.00) nor more than one hundred dollars ($100.00) or 
be subject to imprisonment for not less than thirty (30) 
days, or be Uable to both fine and imprisonment in the 
discretion of the court.' 

PART II. FIRES. 

(Tliis division comprises the general provisions of law, 
if any, concerning protection from forest tires. For local- 
ized provisions, if any, concerning protection of State- 
owned lands, see Part III.) 

(1) PROTECTIVE SYSTEM. 

(This sub-division comprises the provisions of law, if 
any, defining the personnel, and the administrative 
duties, of the State organization cluirfjed with the iirpven- 
tion, detection, control and pxtiii;,'uishiiii'iit n( inrcsl 
fires. For specific provisions, if any, nnhcriiiiii,' .■iimilur 
duties in connection with railroad lin-s, .sla.sh disiiusal, 
and fallow and other fires, see sub-divisions (2), (3), ami 
(4), respectively.) 

Sec. 3, Act 261, L. 1910, Revised in Accoiu).\nce with 

Act 127, L. 1912. 

Conservation Commission, duties re fires. — Be 
It further enacted, etc.. That it shall be the duty of the 
* * * [Conservation Commission] to * * * take 
such action as is authorized by law to prevent and ex- 
tinguish forest fires, and enforce all laws pertaining to for- 
est woodlands, and prosecute for any vit)lation of such 
laws.- * * * 

Sec. 10, Act 261, L. 1910, revlsed in accordance with 

Act 127, L. 1912. 

Fire notices, distribution of — Destruction of — 
Penalty. — Be it further enacted, etc.. That the * * * 
[Conservation Commission]^ shall prepare notices, printed 
in large letters upon cloth or strong paper, calling attention 
to the destruction caused by fires and to the forest fire laws 
and the penalties for their violation. Such notices shall be 
distributed to all forest wardens, parish officials, railroad 
and lumber companies, private citizens, officers, railroad 
stations, in public squares, along public highways and in 

1 For provisions concerning prosecutions, see sec. 3, Act 127, L. 1912, 
on p. 3. 

2 For full text of this section, see pp. 1,2. 

" See footnote to sec. 1, .\ct 261, L. 1910, on p. 1. 



other places. Any person who shall maliciously or wilfully 
destroy, deface, remove or disfigure any sign, poster or 
warning notice posted under the provision of this Act, 
shall be guilty of a misdemeanor and punishable upon 
conviction by a fine of not less than fifteen dollars nor 
more than one hundred dollars, or by imprisonment for a 
period of not less than ten days nor more than three 
months, or by both said fine and imprisonment.' 

(2) RAILIiOAl) KIKES. 

(This sub-division comprises the provisions of law, if any, 
defining the responsibility of railroad and logging com- 
panies, the precautions to be taken by them, and their 
liability for damages occasioned in the operation and main- 
tenance of their trains and rights of way; also provisions 
concerning the use of spark arresters and other safeguards 
on traction, thrashing, other portable and sawmill engines, 
and boilers.) 

Sec. 7, Act 261, L. 1910, revised in accordance with 
Act 127. L. 1912. 

Precautions by railroads: Clearing rights of 
■way — Deposits of fire — Trainme:i to report fires — 
Instructions to section foremen War.oi ig plac- 
ards — Penalties — Ties, etc., along rights of way. — 
Be it further enacted, etc.. That it shall be the duty of all rail- 
road companies operating any railroad through forest lands 
within this State to keep their right of way cleared of all 
combustible materials and safely dispose of the same 
within said limits of said right of way between the fifteenth 
day of November and the fifteenth day of April. No rail- 
road company shall permit its employees to leave a de- 
posit of fire or live coals on its right of way other than be- 
tween the rails, in the immediate vicinity of woodland or 
lands liable to [be] overrun by fires, and when engineers, 
conductors or trainmen discover that fences or other ma- 
terials along the right of way, or woodland adjacent to the 
railroad, are burning or in dangsr from fire they shall report 
the same promptly at the next telegraph station that they 
pass. In seasons of drought the railroad companies shall 
give particular instructions to their section foremen for the 
prevention and prompt extinguishment of fires originating 
on its [their] right [rights] of way, and they shall cause 
warning placards furnished by the * * * [Conserva- 
tion Commission] ^ to be posted at their stations in the 
vicinity of the forest lands. Any railroad company wil- 
fully violating the requirement of this Act shall be deemed 
guilty of a misdemeanor and be punished by a fine not 
exceeding one hundred dollars for each offense, and rail- 
road employees wilfully violating the requirements of this 
section shall be guilty of a misdemeanor and shall be pun- 
ished by a fine of not less than five dollars nor more than 
fifty dollars.' But this section shall not be construed to 
prohibit or prevent any railroad company from piling or 

I I"or provisions concerning prosecutions, see sec. 3, .\ct 127, L. 1912, 
on p. 3. 
"■ See footnote to sec. 1, .\ct 2(U, I,. 1910, on p. 1. 



STATE FORESTRY LAWS LOUISIANA. 



keeping upon the right of way cross ties or other material 
necessary in the operation or maintenance of such railroads. 

Note. — (1) Penalty for setting fires during 
closed season. — Special penalties are provided in the 
case of any corporation or common carrier setting fire 
to any wild woodland, marsh land, or prairie land 
during the closed season defined in Sec. 18, Act 204, 
- L. 1912, :« amended by Sec. 10, Act 47, L. 1914 (see 
sec. 20, Act 259, L. 1910, below). 

(2) Railroad companies liable to action for 
damages, including cost of injury to young 
growth, and of fighting fires. — liailroad com- 
])aiues are also liable, as corjjorations, for damages, 
including costs of injury to young growth, resulting 
from fires caused by the companies, and for costs of 
extinguishing such fu'es (see sees. 6, 8, Act 261, L. 
1910, below). 

(3) SLASH DISPOSAL. 

(This subdivision comprises the provisions of law, if 
any, for slash disposal after lumbering and other cutting 
operations.) 

(4) FALLOW AND OTHER FIRES. 

(This subdivision comprises the provisions of law, if 
any, concerning the burning of fallow, brush, etc., by 
farmers, and the general setting of fires to woods by hunt- 
ers, fishermen and others.) 

Sec. 5, Act 261, L. 1910. 

Setting fire to woods, penalties — Cam.p fires and 
other causes of &res.^Be it enacted further, fie. That 
any person that wilfully and negligently sets on fire or 
causes to be set on fire any wood, brush or grass land not 
his own; or sets on fire or causes to be set on fire any land 
belonging to himself and allows such fire to escape to any 
wood, brush or grass land not his own; and any person that 
wilfully suffers any fire set by himself to damage any prop- 
erty of another, is guilty of a misdemeanor, and upon con- 
viction, shall be punished by a fine of not less than $20.00 
nor more than $300.00, or by imprisonment of not less than 
ten days nor more than six months, or both such fine and 
imprisonment.' Every person that wilfully or maliciously 
sets on fire any such wood, brush or grass lands, or causes 
to be set on fire any such wood, brush or grass lands, 
whereby the property of another is injured or destroyed, 
shall upon conviction, be punished l)y a fine of not less 
than $25.00 nor more than .$1,000.00, or by imprisonment 
for a term of not less than three months nor more than five 
years, or by both such fine and imprisonment.' Any per- 
son who shall cause a fire in any wood, brush or grass lands 
by carelessly, negligently, or deliberately dropping a 
burning match or emptjdng fire from a pipe, or dropping 
a lighted cigar or cigarette, or discharging a combustible 
wad from firearms, or failing to extinguish a camp fire 
upon leaving it, shall be deemed guilty of setting the forest 
on fire.' 



Sec. 6, Act 261, L. 1910. 

Right of action for damages preserved — Injury to 
young growth. — Be it further enacted, etc., That nothing 
in this Act shall be construed as affecting the right of 
action for damages. The liability of persons or corpora- 
tions for all damages shall include the injury to young 
growth resulting from fires. The damage to young growth 
shall lie calculated as the expense of artificially planting 
and cultivating such small growth to the point of develop- 
ment at the time when the fire occurred.' 

Sec. 8, Act 261, L. 1910. 

Costs of fighting fires, assessed as part of pen- 
alty. — Be it further enacted, etc.. That in a prosecution 
for the wilful and negligent setting fire to forests, when 
the evidence has been conclusive on the guilt or innocence 
of the party or parties charged with the crime, it shall be 
within the discretion of the court to take evidence as to 
the cost of fighting the fire which the accused is charged 
with setting, and it shall be within the discretion of 
the court to assess such costs as a part of the penalty 
of the person or persons charged, if he shall be found 
guilty.' 

Sec. 18, Act 204, L. 1912, as amended by Sec. 10, Act 
47, L. 1914. 

Closed season for fires. — Be it further enacted, etc., 
That it shall he unlawful for any person dming the game 
breeding season, to-wit: from the fifteenth day of Febru- 
ary to the first day of November of each year to set fire to 
any wild woodland, marsh land or prairie land. 

Note. — The above Section 18 is a restatement and 
amendment of Section 14, Act 259, L. 1910, which 
act provided certain penalties for violations thereof, 
which are shown in the following section: 

Sec. 20, Act 259, L. 1910. 

Penalties for not observing closed season, etc. — 
Forfeiture of hunting license and privileges. — 

Be it further enacted, etc.. That any person, firm, corpora- 
tion, or common carrier, their agents, and officers violating 
any of the provisions of this Act, shall be deemed guilty of 
a misdemeanor, and shall on conviction thereof, pay the 
costs of the prosecution and be fined not less than five dol- 
lars (.?5.00) nor more than one hundred dollars (.$100.00) or 
be imprisoned in the parish jail for not less than one (1) 
day, nor more than sixty (60) days, or both fine and im- 
prisonment at the discretion of the court for each offense. 
In addition thereto the holder of a hunting license found 
guilty of violating any of the provisions of this Act before 
a competent coiu't, shall forfeit said license and all further 
hunting privileges during the current season. 



1 For provisions concerning prosecutions, see sec. 3, Act 127, L. 1912, ' For provisions concerning prosecutions, see sec. 3, Act 127, L. 1912, 

on p. 3. 



STATE FORESTRY LAWS LOUISIANA. 



PART in.— PUBLIC FORESTS. 

iThis division comprises the provisions of law. if any, 
for the establishment and care of State and municipal 
forests and nurseries, and for the practice of forestry on 
these and on other lands owned by the State.) 

(1) STATE FORESTS. 

(For other provisions, if any, concerning Slate forests 
and nurseries, see Part I.) 

Sec. 4. .\ct2IU. L. 1910. 

State Forests: Gifts of land "for— Clear titles- 
Donors may name forests. — Be it further enacted, etc., 
That the Governor of the State is hereby authorized to 
accept gifts of land to the State to be held, protected and 
administered by the Conservation Commission ' as State 
forests and to be used to demonstrate their practical utility 
for reculture and as breeding places for game. Such gifts 
must be absolute except for the reservation of all mineral 
rights, and in no case shall exceed (10) ten per cent of the 
area of any parish wherein such lands may be situated. 
The Attorney General is directed to see that all deeds to 
the State are properly executed and that the titles thereto 
are free and clear of all encumbrances before the gift is 
accepted. '\^'hen any donation exceeding six hundred 
acres is made, the same of the donor, or any name he may 
suggest, on the approval of the Conservation Commission, 
shall be given such donation, as the designation of such 
reserve. 

Sec. 15, Act 261, L. 1910. 

Purchase of lands for forest culture and reserves. — 
Be it further enacted, etc., That the State Conservation 
Commission ' shall have the power to purchase lands in 
the name of the State suitable for forest culture and re- 
serves, at a price which shall not exceed $1.00 per acre, 
using for such purpose any surplus money not otherwise 
appropriated, which may be standing to the credit of the 
conservation fund; [and] to make rules and regulations 
governing State reserves. 

(2) OTHER STATE LANDS. 

(Laws which jirovide merely for the protection of State 
lands other than State forests from fire and from timber 
and other forms of trespass, and for the sale of timber and 
other forest products therefrom, are not included because 
their intent is not one of forestry.) 

(3) MUNICIPAL FORESTS. 

PART IV.— TAXATION. 

(This division comprises the provisions of law, if any, 
covering the classitication and taxation of forested lands 
and lands to be forested, the purjiose of which is to encour- 



'See Act 127, L. 1912, on p. 2 et seq., for the present Conservatii 
Commission. 



age the practice of forestry by private owners; also such 
bounty and exemj>tion laws as nave a like purpose. For 
similar taxation provisions, it any, concerning State or 
municipal forests, or other State lands, see Part III.) 

Sec. 13, AcT2fil, L. 1010, Revised in Accord.\nce with 
Act 127, L. 1912. 

Timber-culture contract — Fixed taxable valua- 
tion per acre — Restoration to assessment roll. - 

B( il ftnihcr cnaclcJ. etc.. Tlnit in order to encourage the 
practice of forest culture in this State, when the owner or 
owners of any land which has been denuded of trees or any 
other land the assessed value of which shall not at the time 
of apy)lication exceed the sum of five dollars per acre, shall 
contract in writing with the * * * [Conservation 
Commission] ' to super\'ise i)lanting and growing upon the 
said lands suitable and useful timber trees in such manner 
as they shall prescribe, to protect the said land from fire*!, 
as far as practical, and to maintain the trees so planted or 
grown upon it in a live and thrifty condition for a period 
of not less than thirty years and not more than forty years, 
and to cut or remove from said land witliin that time no 
tree or trees except as permitted in the said contract; it 
shall be lawful for the State Board of Ecjualizers and the 
assessors of the several parishes, and they are hereby 
authorized upon the recommendation of the * * * 
[Conservation Commission] to fix a valuation of $1.00 per 
acre upon said lands and timber, and this valuation to 
remain fixed and unchangeable for the period of the con- 
tract entered into by the land owner aforesaid with the 
* * * [Conservation Commission]. Any land owner 
who has made such a contract with the State shall be 
entitled to demand an annual inspection by the * * * 
[Conservation Commission] and a certificate as to whether 
the contract has been carried out. At the end of the 
contract entered into by the land owner with the * * * 
[Conser\"ation Commission], or at any time within that 
period that the owner or owners of said land shall fail to 
maintain it in all re.spects according to the written agree- 
ment entered into by the owner and upon which the said 
land was given a fixed assessment for a fixed number of 
years, the said land shall be restored to the assessment roll 
and shall be taxed the same as other similar lands, and in 
addition thereto the said lands shall be supplemented on 
the assessment rolls for an amount that would equal the 
assessment of the land had it not been assessed under the 
provisions of this Act. Nothing in tliis Act shall be con- 
strued as giving the * * * [Conservation Commission] 
jurisdiction over lands of any resident farmer without 
written contract. 

'See .Vet 127, L. 1912, on p. 2 et seq., forthe present Conservation 
Commission. 



WASHINGTO.V : GOVKIt.NMB.N'T PKINTI.NO OFFICE : 1915 



Date of issue, August 18, 1915. 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

HENRY S. GRAVES, FORESTER 



STATE FORESTRY LAWS 



A parallel classification showing the comparative 
progress of each State in forestry legislation 

NORTH CAROLINA 

(Serial 1— Through Reg. Sess., 1915) 

Compiled in the Office of State ( '(xjperation by Jeaniiie S. Peyton 
PURPOSE OF COMPILATION 

Infonnation about the forestry laws of tlie various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more ; and rccjuests for such 
information, coming from legislators, State administrative officers, forestry associations, forest 
schools, and other bodies and individuals, have led to the compilation, informally, of such 
State laws as bear more or less directly on the practice of forestry. 

The purpose of the compilation, of which this serial is a part, is to make easy a compara- 
tive study of the laws of the different States and to further the development of practical forestry 
legislation. By the classification of the laws and parts of laws, under the headings: "Adminis- 
tration," "Fires," ''Public Forests," and "Taxation" the comparison is simplified, and the 
progress of each State, or lack of it, in these particulars, is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws and 
those finer points of reference proper only to a legal or administrative manual have been omitted. 



PART I.— ADMINISTRATION. 

(This (iivision comprL-^es the piovision.-< of law, if any, 
defining the general administrative duties of the regularly 
constituted State forestry officials; also certain niiscol- 
laneotis forestry pro\'isions. For specific provisions, if 
any, concerning administrative duties of these or other 
State officers in connection with forest fires, State and 
municipal forests and nurseries or other State lands, or 
forest taxation, see Parts II, III. and IV, respectively.) 

Note. — State Forester and forest investiga- 
tive -work. — Under the broad, general authority con- 
ferred upon the Geological Board of the State, in the 
following sections (4429-4434, Pell's Revisal, 1908) 
tiie board is able to employ a forester and conduct 
forest investigative work. i 

I 
Sec. 4429, Pell's Revisal, 190S. j 

State geologist: Appointment — To conduct State j 
geological and economic survey. — The governor shall 
appoint a fuilable person as state geologist t» condtict 
imder tlie snper\-isiou of a board of managers to be known 
as the geological board a geological and economic siKvey 
of the state. [L. 1905, Ch. 542.] 
1891—15 



Sec. 4430. 

Geological board: Appointment- Meetings of. — 
The geological board sliall consist of the governor (as 
cliairman), foiu- citizens of the state, two for a period of 
two years and two for a period of fotu- years from March 
first, nineteen htmdrod and five, the same to bo apjwiuted 
by the governor by and with tJie advice and consent of the 
senate, and their successors to be in like manner appointed 
each for a period of four years. In case of the death or 
resignation of either of said citizens hie successor shall be 
appointed by the governor. The geological board shall 
meet twice each year, once in January and once in June, 
in the city of Raleigh, on the call of the governor, except 
that the board may change the time and place of meeting 
as circumstances may require. [1>. 1905, Ch. .542, Sec. 2.] 

Sec. 44S1 . 

Experts and assistants, appointment of. — The state 
geologist shall appoint, subject to the approval of the geo- 
logical board, such experts and assistants as may be found 
necessary to enable him to carry out siiccea«if ully and speed- 
ily the work of the survey. [L. 1905, Ch. 542, Sec. 3.] 



STATE FORESTRY LAWS NORTH CAROLINA. 



5^|S 



Seo. 4432. 

Objects of survey. — The survey shall have for its 
objects: 

1. An examination of the * * * forests, * * * 
and other material resources of the slate. 

4. An examination and classification of the soils, the 
forests and other physical features of the state with special 
reference to their bearing upon the occupation of the 
people. 

5. An examination of the sti-eams and waterpowers of 
the state with special reference to the development for 
manufacturing enterprises and the preservation of the 
sources of these streams thi'otigh the protection of the 
forests. 

ft. The consideration of such other scientific and eco- 
nomic problems as in the judgment of the geological board 
shall be deemed of value to the people of the state. 

7. The preparation of such reports, illustrations and 
maps as may be deemed necessary in placing the results 
of these investigations before the public. 

8. And the state geologist, with the approval of the 
geological board, is hereby authorized to anange for and 
accept such aid and co-operation from the several United 
States government bureaus and other sources as may assist 
in completing the topographic surveys of the state and in 
carrying out other provisions of this chapter. 

9. An examination of the water supplies of the state 
wjth special reference to the sinking of deep or artesian 
wells. [L. 1905, Ch. 542, Sec. 4.] 

Sec 4433, AS Amended by L. 1911, Ch. 211, Sec. 4. 

Reports upon survey. — The geological board shall 
cause to be prepared and submitted to each legislature a 
report showing the progress and expendittu'es of the survey; 
it shall al,oo cause to be prepared for publication such other 
reports with necessiiry illustrations and maps as will ade- 
quately set forth the * * * material resources of the 
Btatc, all such reports, illustrations and maps to be printed 
and distributed as the geological board may direct in edi- 
tions of three thousand copies each at the expense of the 
state as other public documents: Provided, however, that 
not more than five thoiisand dollars shall be used for this 
purpose in any biennial period. [L. 1905, t'h. 542, Sec. 5.] 

Sec. 4434. 

Appropriation for survey. — The sum of ten thousand 
dollars annually, or so much thereof as may be necessary, 
is hereby appropriated, out of any moneys in the treasury 
not otherwise appropriated for the purpoae of carrj'ing out 
the pro^^sions of this chapter, [ij. 1905, (^h. 542, See. 6.] 

PART II. FIRES. 

(This division comprises the general provisions of law, 
if any, concerning protection from forest fires. For 
localized provisions, if any, concerning protection of 
State-owned lands, see Part IIL) 



(1) PROTECTIVE SYSTEM. 

(This subdivision comprises the provisions of law, if any, 
delining the personnel and the administrative duties of 
the State organization charged with the prevention, detec- 
tion, control, and extinguishment of forest fires. For spe- 
cific provisions, if any, concerning similar duties in con- 
nection with railroad fires, slash disposal, and fallow 
and other fires, see subdivisions (2), (3), and (4), respec- 
tively.) 

Sec. 1, Ch. 243, L. 1915. 

State Geological board: Prevention and control 
of forest fires — Protection of forested watersheds. — 

That the State Geological board may take such action as 
it may deem necessary to provide for the prevention and 
control of forest fires Lu any and all parts of this State, and 
it is hereby authorized to enter into an agreement with the 
Secretary of Agricultiu'e of the United States for the pro- 
tection of the forested watersheds of streams in this State. 

Sec. 2. 

State Forester: Ex-officio State forest warden — 
Appointment of township and district forest war- 
dens. — That the forester of the State Geological and 
Economic Survey who shall be called State Forester, and 
shall be ex-ofiicio State Forest Warden, may appoint, with 
the approval of the Geological Board, one township forest 
warden and one or more district forest wardens in each 
township of the State in which the amount of forest land 
iind the risks from forest fires shall, in his judgment, make 
it advisaltle and necessary. 

Sec. 3. 

State Forest Warden: Supervisory duties — Pros- 
ecutions by. — The State Forester, as State Forest Warden, 
sluill have supervision of township and district forest 
wardens, shall instruct them in their duties, issue such 
regulations and instructions to the township and district 
forest wardens as he may deem necessary for the purposes 
of this act, iind cause violations of the laws regarding forest 
fires to be prosecuted. 

Sec. 4. 

Forest wardens: Controlling fires — Arrests — Post- 
ing fire laws and warnings — Patrolling, etc. — Re- 
ports of fires by township and district forest war- 
dens. — Forest wardens shall have charge of measures for 
controlling forest fires; shall make arrests for violation of 
forest laws; shall post along highways and in other con- 
spicuous places, copies of the forest fire laws and warnings 
against fires, which shall be supplied by the State Forester; 
shall patjol during dry and dangerous seasons under the 
direction of the State Forester, and shall perform such 
other acts and duties as shall be considered necessary by 
the State Forester for the protection of the forests from fire. 
The township forest warden of the township in which a fire 
occiu"s shall within' ten days make such a report thereof 
to the State Forester as may be prescribed by him. Each 
district forest warden shall promptly report to township 
wardens any fire in his district. 



LIBRARY OF CONGRESS 

MAY 251922 



STATE FOBESTEY LAWS NOBTH CAKOLINA. 



Sec. 5. 

Interference with sign, poster, or warning, a 
misdemeanor — Penalty. — Any peraon who shall inali- 
C'iously or -svilfully destroy, deface, remove, or disfigure any 
sign, poster, or warning notice, posted by order of the State 
I'"orester, under the provisions of this act or any other act 
which may be passed for the pm-pose of protecting the 
forests in this, State from fire, shall be guilty of a misde- 
meanor and upon conviction shall be punishable by a fine 
of not less than ten dollars nor more than fifty dollars, or 
imprisonment not exceeding thirty days. 

Sec. t). 

Forest wardens and State Forester: Prevention 
and extinguishment of fires — Enforcement of laws — 
Control and direction of persons and apparatus — 
Arrests without warrant — Patrols in dry sea- 
sons — Power to impress citizens and property; 
penalty for refusal to assist — Power of entry. — 
Forest wardens shall prevent and extinguish forest fires 
in their respective townships and enforce all statutes of 
this State now in force or that hereafter may be enacted 
for the protection of forests and woodlands ' from fire, 
and they shall have control and direction of all persons 
and apparatus while engaged in extinguishing forest fires. 
Any forest warden may arrest, without a warrant, any 
person or persons taken by him in the act of violating 
any of tlie said laws for the protection of forests and wood- 
lands, and bring such person or persons forthwith before a 
justice of the peace or (jther officer having jurisdiction, 
who shall proceed without delay, to hear, try and deter- 
mine the matter. Diu^ing a season of drouth the State 
Forester may establish a fire patrol in any township, aiul 
in case of fire in or threatening any forest or woodland the 
township or district forest warden shall attend forthwith 
and use all necessary means to confine and extinguish 
such fire. The said forest warden may summon any male 
resident of the township between the ages of eighteen 
and forty-five years to assist in extinguishing fires, and 
may require the use of horses and other property needed 
for such purpose; any person so summoned, and who is 
physically able, who refuses or neglects to assist or to allow 
tlio use of horses, wagons, or other material required, 
shall be liable to a penalty of not less than five dollars 
nor more than fifty dollars. No action for trespass shall 
lie against any forest warden or person summoned by 
him for crossing or working upon lands of another in con- 
nection with his duties as forest warden. 

Sec. 7. 

Forest wardens: Compensation and expenses — 
Bills for services, how rendered and paid. — Forest 
wardens shall rei/eive compeasation from the geological 
board at a rat« of not to exceed twenty cents per hour for 
the time actually engaged in the performance of their 
duties; and reasonable expenses for equipment, transpor- 



tation or food supplies incurred in fighting or extinguish- 
ing any fire, according to an itemized statement to be 
rendered the State Forester every month, and approved 
by him. Forest wardens shall render to the State Forester 
I a statement of the ser\'ices rendered by the men employed 
1 by them or their district wardens, as provided in this act, 
within one month of the date of service, which said bill 
{ shall show in detail the amount and character of the service 
performed, the exact duration thereof, the name of each 
person employed, and any other information required by 
the State Forester. All accounts of the forest wardens 
must be duly sworn to before a justice of the peace, notary 
public or other officer qualified to witness such papers 
within the county in which the expenses were incurred. 
If said bill be duly approved by the State Forester, it shall 
be paid by direction of the geological board out of the funds 
hereinafter provided for. 



(2) RAILROAD FIRES. 



' See sec. 11 ol tula act, on p. 4. 



(This subdi\'ision comprises the provisioas of law, if any, 
defining the responsibility of railroad and logging compa- 
nies, the precautions to be taken l)y them, and their lia- 
bility for damages occasioned in the oi>eration and main- 
tenance of their trains and rights of way; also provisions 
concerning the use of spark arresters and other safeguards 
on traction, thrashing, other portable and sawmill engines, 
and boilers.) 

Sec. 10, Ch. 243, L. 191.5. * » * 

Note. — Corporations or others setting fire to 
brush, grass, etc.: Watchman to be provided — 
Penalty — Prima facie evidence of neglect. — All 

corporations burning any brush, grass, or other ma- 
terial which may endanger any property, are required 
by this section to maintain a careful and competent 
watchman in charge of the burning, under penalty of 
fine or imprisonment, and the escape of such fire is 
made yjn'nu! /an« evidence of neglect. (For full text 
see p. 4.) 

(.1) SLA.SII DISPOSAL. 

(This subdivision comprises the provisions of law, if any, 
for slash disposal after lumbering and other cutting oper- 
ations.) 

Sec. I, Ch. b(i. I.. 19l;i. 

Brush and slash disposal near municipal water- 
sheds. — That any person, firm or coq)oralion owning 
lands or the standing timber on lands within four hundred 
feet of any watershed held or owned by any city or town, 
for the purpose of furmshing a city or town water supply, 
upon cutting or removing the timber, or permitting same 
ctit or removed, from lands .so witliin said four hundred 
feet of said watershed, or any part thei'eof, .sliall, witliin 
three month.i after cutting, or earlier upon written notice 
by said city or town, remove or cattse to be btirned under 
proper supervision, all treetops, bough-i, laps and other 
portions of timber not desired to be taken for commercial 
or other purposes, within four hundred feet of the bomidary 
line of such part of said watershed as is held or owned by 



STATE rOEESTRY LAWS NORTH CAROLINA. 



siicli town or city, so as to leave such space of foiu- hundred 
feet immediately adjoiniag the boundary lines of such water 
shed so held or owned, free and clear of all such treetops, 
laps, boughs and other inflammable material caused by or 
left from cutting such standing timber, so as to prevent the 
spread of fire from such cut-over area and the consequent 
damage to such watershed. 

Sec. 2. 

Violation of act, a misdemeanor. — That any such 
person, firm or corporation violating the provisions of this 
act shall be guilty of a misdemeanor. 

(4.) FALLOW AND OTHER FIRES. 

(This subdivision comprises the provisions of law, if any, 
concerning the burning of fallow, brush, etc., by farmers^ 
and the general setting of fires to woods by hunters, fisher- 
men, and others.) 

Sec 8, Ch. 243, L., 1915. 

Burning grass, brush, or woodland: Notice to 
neighbors— Watching fire —Extinguishing— Misde- 
meanor, penalty— Action for damages. — If any person 
shall intentionally set fire to any grass land, brush land, or 
woodland, except it be his own property, or in that case 
without first giving notice to all persons owning or in 
charge of lands adjoining the land intended to be fired, and 
also taking care to watch .such fire while burning and taking 
effectual care to extinguish such fire before it shall reach 
any lands near to or adjoining the lands so fired, he shall 
for every such offense be guilty of a misdemeanor and shall 
be fined not less than ten dollars, nor more than fifty, or 
imprisoned not exceeding thirty days. This shall not pre- 
vent action for damages sustained by the owner of any 
property from such fires. 

Sec. 9. 

Camp fires, and setting fire to grass, brush, or 
woodland: Misdemeanor, penalty for. — Any wagoner, 
hunter, camper, or (jtlier person who shall kindle a camp 
fire or shall authorize another to kindle such fire, unless all 
combustible material for the space of ten feet surrounding 
the place where said fire is kindled has been removed, or 
shall leave a camp fire without fully extinguishing it, or 
who shall accidentally or negligently by the use of any 
torch, gim, match, or other instrumentality, or in any man- 
ner whatever start any fire upon any grass land, brush land 
or woodland without fully extinguishing the same, shall be 
guilty of a misdemeanor and upon conviction shall be pun- 
ished by a fine of not less than ten dollars, nor more than 
fifty dollars, or imprisoned not exceeding thirty days. 

Sec. 10. 

Burning tar or charcoal, or setting fire to brush 
grass, etc.: Watchman to be provided — Penalty — 
Prima facie evidence of neglect.— All persons, firms, 
or corporations, who shall burn any tar, kiln or pit of char- 
coal, or set fire to or burn any brush, grass, or other mate- 



rial, whereby any property may be endangered or de- 
stroyed shall keep and maintain a careful and competent 
watchman in charge of said kiln, pit, brush, or other 
material while burning. Any person, firm, or corporation 
violating the provisions of this section shall be punishable 
by a fine of not less than ten dollars nor more than fifty 
dollars, or imprisoned not exceeding thirty days. Pire 
escaping from such kiln, pit, brush, or other material 
while burning shall be prima fucie evidence" of neglect of 
these provisions. 

Sec. 11. ^ 

Woodland defined. — For the purposes of this act, 
woodland is taken to include all forest areas, both timber 
and cut-over land, and all second growth stands on areas 
that have at one time been cultivated. 

PART III.— PUBLIC FORESTS. 

(This division comprises the provisions of law, if any, 
for the establishment and care of State and municipal 
forests and nurseries, and for the practice of forestry on 
these and on other lands owned by the State.) 

1) STATE FORESTS. 

(For other provisions, if any, concerning State forests 
and tiurseries, see Part I.) 

Sec 1, Ch. 253, L. 1915. 

State forests: Gifts and purchase of lands for — 
Utilization of — Deeds for — Subject to county 
taxes. — That the Governor of the State is authorized 
upon recommendation of the geological board to accept 
gifts of landto the State, the same to be held, protected 
and administered by said board as State forests, and to be 
used so as to demonstrate the practical utility of timber 
culture and water conservation, and as refuges for game. 
Such gifts must be absolute except in such cases as where 
the mineral interest on the land has previously been sold. 
The State Geological Board shall have the power to pur- 
chase lands in the name of the State, suitable chiefly for 
the production of timber, as State forests, for experimental, 
demonstration, educational, park and protection pur- 
poses, using for such purposes any special appropriations 
or funds available. The Attorney-General of the State 
is directed to see that all deeds to the State of land men- 
tioned in this section are properly executed before the 
gift is accepted or payment of the purchase money is 
made. Said State forests shall be subject to county 
taxes assessed on the same basis as are private lands, to be 
paid out of moneys in the State Treasury not otherwise 
appropriated. 

Sec 2. 

State forests: Monejrs from, credited to Geolog- 
ical board — How expended. — That all moneys received 
from the sale of wood, timber, minerals or other products 
from the State forests shall be paid into the State Treasury 



STATE FOBESTBY LAWS NORTH CAROLINA. 



and tx) the credit of the geological board; and such moneys 
shall be expended carrjing out the purposes of this act 
and of forestry in general, under the direction of the 
geological board. 

Sec. 2J. 

State forests: Payments to be made from ap- 
propriations only. — That nothing in this act shall oper- 
ate or be construed as authority for the payment of any 
money out of the State Ti-easury for the purchase of lands 
or for other pui-poses unless by appropriation for said pur- 
pose by the General Assembly. 

XoTE. — The so-called ■' State Forests'' which are 
pro\ided for in the following sections do not belong 
to the State, but consist of specially designated lands 
held in private ownership. 

Sec. 4434a, Supp. to Pell's Revis.\l. 1908. 

So-called "State forests," governor to declare. — 
The Governor of the state, upon the written application of 
any owner or owners of wooded lands situated in North 
Carolina above contour line two thousand feet, may at his 
discretion declare the lands of such owner or owners, or 
such parts thereof as he may deem advisable, a "state 
forest of North Carolina." [L. 1909. Ch. 89. Sec. 1.] 

Sec. 4434b. 

So-called "State forests," publication of dec- 
laration. — The declaration of the Ciovemor shall be 
publi.-ihed, at the expense of the applicant, in three consec- 
utive issues of any newspaper published in the county or 
counties wherein the lands declared a state forest reserve 
are situated, if there be one; if no paper is published in the ! 
county or counties, then in a paper published in an adjoin- 
ing county: and after such publication the said lands shall 
be and are a state forest of North Carolina for the term of 
thirty years, [L, 1909, Ch. 89. Sec. 2.] 

Sec. 4434c. 

So-called "State forests": How treated- -Owner 
to pay tax to school fund — Penalty. — The owner or 
owners, when making such written application, shall agree 
in writing to treat in a conservative manner the proposed 
state forest described in the application, such manner to | 
be in accordance with a working plan approved by the 
North Carolina geological and economic survey; and the 
said owner or owners of such proposed state forest, when 
making such application, shall agree to pay annually into 
the school fund of the county wherein such proposed state 
forest or a part thereof is situated one-half cent for every 
acre of such proposed state forest situated within the 
county; and if the owner or owners thereafter shall fail to 
make such annual payment, then and in that case the 
declaration of the Goxernor establishing the said state 
forest shall he null and void to all intents and purposes. 
[L. 1909, Ch. 89, Sec, 3.) 



Sec 4434d. 

So-called "State forests": State forest wardens, 
appointraent and compensation of. — The Governor 
shall appoint at his discretion, with the approval of the 
commissioners of the county wherein a state forest is sit- 
uated, as state forest wardens such a man or men over 
twenty-one years of age as may be designated for appoint- 
ment by the owner or owners of such stale forest. Such 
state forest wardens are to receive no compensation other 
than that which the owner or owners ol the state forest may 
pay to them. [L. 1909, Ch. 89, Sec, 4.] 

Sec. 4434E. 

So-called "State forests": Powers and duties of 
State forest wardens. — The state forest wardens thus 
appointed may make arrest on sight, witliout warrant, fur 
any criminal offense set out in section three thousiiud three 
hundred and forty-six,' three thousand three hundred and 
forty-seven,' * * * nf the Revisal of one thcjusand 
nuie hundred and five, * * * and they shall safe- 
guard against * * * and notably against fire, the state 
forest for which they have been appointed; and, as far as 
the enforcement of the provisions of this section is con- 
cerned, the ,state forest warden shall have all the powers, 
privileges and protection otherwise had by sheriffs under 
any act nr law now in force. [L, 1909, Ch, 89, .Sec, 5,] 

Sec. -143 Ik. 

So-called "State forests": Minimum fine for of- 
fenses committed on. — The minimum fine for any 
offense mentioned in the preceding section committed 
within any state forest shall be fifty dollars if within the 
jurisdiction of the superior court, and twenty-five dollars 
if within the jurisdiction of a justice of the peace. [L, 
1909, Ch, 89. Sec, 6.] 

(2) OTHER STATE LANDS. 

(Laws which provide merely for the protection of State 
lands other than State forests from fire and from timber and 
other forms of trespass, and for the .<;ile of timber and other 
forest products therefrom, are not included because their 
intent is not one of forestry.) 

(3) MUNICIPAL FORESTS. 

Secs. 1. -2. Ch. 56, L. 1913. * * » 

Brush and slash disposal near municipal water- 
sheds. — (For text of the provisions, see these sections on 
pp. 3, 4.) 

PART IV.— TAXATION. 

(This division comprises the provisions of law. if any, 
covering the classification and taxation of forested lands 
and lands to be forested, the piupose of which is to en- 
courage the practice of forestry by private owners; also 
such bounty and exemption laws as have a like purpose. 
For similar taxation provisions, if any. concerning State or 
municipal forests, or other State lands, see Part 111,) 



' Superseded by secs. 8, 9, ch. 243, L. 1913, see p. 4. 



WASHINGTON : QOVBKNMBNT PRINTING OPFICB : I91I 



Misc. S. —05. nate of i.ssua .\ugust 18, 1915. 

UNITED STATES DEPARTMENT OF AGRICULTURE 
-; ' FOREST SERVICE 
Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 

MARYLAND 

(Serial l^Through Reg. Sess., 1914) 
Compiled iii the Office of State f'ooperation by Jeannie S. Peyton 
PURPOSE OF COMPILATION 

Information about the forestry laws of the various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more; and requests for 
such information, coming from legislators, State administrative officers, forestry associations, 
forest schools, and other bodies and mdividuals, have led to the compilation, informally, of suoh 
State laws as bear more or less directly on the practice of forestry. 

The pm-pose of the compilation, of which this serial is a part, is to make easy a comparative 
study of the laws of the different States and to further the development of practical forestry 
legislation. By the classification of the laws and parts of laws tmder the headings : ' 'Administra- 
tion," "Fires," "Public Forests," and "Taxation," the comparison is simphficd, and the 
progress of each State, or lack of it, in these particulars, is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws and 
those finer points of reference proper only to a legal or administrative manual have been 
omitted. 



PART I.— ADMINISTRATION. 

(This division comprises the provisions of law, if any, 
defining the general administrative duties of the regularly 



Sec. 2, Art. 39A, .\nnotated Code (Pub. Gen. Laws, 
1914). 
State Forester — Qualifications — Expenses — Du- 



oonstituted State forestry officials; also certain miscellane- i ties, in general.— There shall be appoinled by the State 
ous forestry provisions. For specific provisions, if any, Boord of Forestry a State Forester, who shall be a tech- 



concerning administrative duties of these or otiier State 
officers in connection with forest fires, State and municipal 
forests and nurseries or other State lauds, or forest taxa- 
tion, see Parts II, III, and IV, respectively.) 

Sec. 1, Art. 39A, Annotated Code (Pub. Crv. Laws, 
1911.) 
State board of forestry — Personnel - -Expenses.- 



nically trained f(ir&«ter of ncit less than two years' experi- 
ence in professional forestry work; his compensation shall 
be fixed by the Board and he shall be allowed reasonable 
traveling and field expenses incurred in the performance 
of his official duties. He shall under the general super- 
vision of the State Board of Forestry have direction of all 
forest interests and all matters pertaining to forestry and 
There shall be a State board of forestry, consisting of seven | the forest reserves within the jurisdiction of the State, 
members, the governor, comptroller, president of Johns i He shall appoint, subject to the approval and confirmation 
Hopkins University, president of the Maryland State Agri- of the State Board of Forestry, such assistants and em- 
cultural College, State Geologist, and one citizen of the ployes as may be necessary in executing the duties 
State known to be interested in the ad\'ancement of for- | of his office and the purposes of the Board of Forestry; the 
estry, and one practical lumberman engaged in the manu- < compensation of such assistants and employes to be fixed 
facture of lumber within this State, who shall be appointed , by the State Board of Forestry. He shall have charge of 
by the governor, to serve for a term of two ye».i-s, which i all Forest Wardens in the State and aid and direct them 
board shall act without compensation, save for actual | in their work; take such action as is authorized by law 
necessary expenses incurred in the performance of their i to prevent and extinguish forest fires, enforce all laws 
oflBcial duties. [L. 1906, Oh. 294.] 1 pertaining to forest and woodland, and prosecute for any 

ise2— If 



^n. 



pt> 



STATE FORESTRY LAWS MARYLAND. 



violation of such laws; collect data relative to forest 
destruction and conditions; direct the protection and 
improvement of State parks and forest reserves and co-op- 
erate with land owners as described in Section 4 of this 
article. He shall annually deliver a course of lectures 
at the Maryland State Agricultural College bearing upon 
forestry and silviculture, subject to the approval of the 
Trustees of the College and of the State Board of Forestry, 
and as far as his duties as State Forester will permit, carry 
on an educational course of lectures on Forestry at the 
Farmers' Institutes and similar meetings within the State. 
He shall act as Secretary of the State Board of Forestry 
and shall prepare for the Board annually a report on the 
progress and condition of State Forest work and recom- 
mend therein plans for improving the State system of 
forest protection, management and replacement. [L. 
1906, Ch. 294, L. 1914, Ch. 823.] 

Sec. 4, Art. 39A, Annotated Code (Pub. Civ. Laws, 

1911), 

Co-operative workiiig plans. — The state forester 
shall upon request, under the sanction of the state board 
of forestry, and whenever he deems it essential to the best 
interests of the people of the State, co-operate with counties, 
towns, corporations and individuals in preparing plans 
for the protection, management and replacement of trees, 
wood-lots and timber tracts, under an agreement that the 
parties obtaining such assistance pay at least the field 
expenses of the men employed in preparing said plans. 
[L. 1906, Ch. 294.] 

Sec. 8, Art. 39A, Annotated Code (Pub. Gen. Laws, 

1914). 

County Commissioners to levy and appropriate 
for tree planting, forest protection, etc. — The Board 
of County Commissioners of I he several counties of this State 
are hereby authorized to levy and ajipropriate money for 
purposes of tree planting and care of trees, and for forest 
protection, improvement, management and purchase. 
[L. 1906, Ch. 294. L. 1910, Ch. 161. L. 1914, Ch. 823.] 

Sbc. 15, Art. 39A, Annotated (^ode (Pub. Civ. Laws, 

1911). 

Forest reserve fund. — All money received as pen- 
alties for violations of the provisions of this article, less 
the cost of collection and not otherwise provided for, 
together with any amount obtained from the State forest 
reserves, shall be paid inti) the state treasiuy to the credit 
of the forest reserve fund, which fund is hereby created; 
and the monies in said fund are hereby appropriated for 
purposes of forest protection, management, replacement 
and extension, under the direction of the state board of 
forestry. [L. 1906, Ch. 294.] 

Sec. 18, Art, 39A, Annotated Code (Pub. Gen. Laws, 

1914.] 

Appropriation for forest work and fire protec- 
tion.— For the maintenance, use and extension of the 



work under the State Board of Forestry, and for forest fire 
protection, there is hereby appropriated the sum of ten 
thousand dollars (.$10,000) annually out of any moneys in 
the State Treasury not otherwise appropriated, to be placed 
to the credit of the State Forest Reserve fund, [L, 1912, 
Ch. 348, Sec, 3,] 

Sec, 19, 

Appropriation for publication of reports and 
maps. — There is hereby appropriated out of any moneys 
in the State Treasury not otherwise appropriated, the sum 
of six thousand dollars ($6,000) for the publication of 
forest reports and maps of the forest areas of the several 
counties of the State, to be placed to the credit of the 
Forest Reserve Fund. [L, 1912, Ch, 348, Sec. 4.] 

PART IL— FIRES. 

(This division comprises the general provisions of law, 
if any. concerning protection from forest tires. For local- 
ized provisions, if any, concerning protection of State- 
owned lands, see Part III,) 

(1) PROTECTIVE SYSTEM. 

(This subdivision comprises the provisions of law , if any, 
defining tie personnel, and the administrative duties, of 
the State organization charged with the prevention, de- 
tection, control and extinguishment of forest fires. For 
specific pro^'isionB, if any, concerning similar duties in 
connection with railroad fires, slash disposal, and fallow 
and other fires, see subdivisions (2), (3), and (4), respec- 
tively.) 

Sec 5, Art, 39A, Annotated Code (Pub, Gen. Laws, 

1914), 

Forest wardens — Appointment — Compensation — 
Powers. — ^\'henever the State Forester considers it nec- 
essary he may apply to the Governor to commission such 
persons as he may designate to act as Forest Wardens of 
this State, to enforce the forest laws and to carry out all the 
purposes of this article, and any work that may be assigned 
to them by the State Forester, If the Governor approves 
such persons he may appoint them Forest Wardens for a 
term of two years, but they shall be subject to removal at 
any time at the pleasure of the Governor, Such Wardens 
shall receive such compensation for their ser\-ices as shall 
be fixed by the State Board of Forestry. Forest Wardens 
thus appointed shall before entering upon the duties of 
their office take the proper official oath before the Clerk of 
the Court of the County in which they reside, after which 
they shall while holding said office, possess and exercise 
all the authority and power held and exercised by con- 
stables at common law under the statutes of this Stat«, so 
far as arresting and prosecuting persons for all violations of 
any of the forest laws or of the laws, rules and regulations 
enacted or to be enacted for the protection of the State 
forestry reservations, or for the protection of the fish and 
game contained therein are concerned. [Ij. 1900, Ch. 294. 
L. 1910, Ch. 161. L. 1914, Ch. 823.] 



LIBRARY OF CONGRESS 

RECEIVED 

MAY25l92f 



STATE FORESTRY LAWS MARYLAND. 



SF.f. ti. Art. 39A. Aknotated Code (Pub. Civ. Laws, 

Duties of wardens — Assistance — Expenses — Im- 
pressing citizens, horses, etc. — Penalty for refusal — 
No action for trespass to lie against wardens. — If 
.shall be tlie duty of the forest waideue to enforce all forest 
laws of this State, to protect the State forest reserves and 
see that all rules, regulations and laws are enforced: to 
report any violation of law to the state forester at the time 
of its occurrence, to assist in apprehending and con\-icting 
offenders, and to make an annual report to him as to forest 
conditions in their immediate neighborhood. When any 
forest warden shall see or have reported to him a forest 
fire, it shall be his duty to immediately repair to the seat 
of the tire and employ such persons and means as in his 
judgment seem expedient and necessary to extinguish said 
tire. He shall keep an itemized account of all expenses 
thus incurred and send such account immediately to the 
state forester. He shall have control and direction of all 
persons and apparatus engaged in extinguishing forest tires. 
He may summon male inhabitants of the county between 
the ages of IS and 50 years to assist in extinguishing fires, 
and may also require the use of horses and other property 
needed for such purpose. Any person so summoned who is 
physically able, who refuses or neglects to assist, or to 
allow the use of horses, wagons or other material required, 
shall be liable to a penalty of ten dollars.' No action for 
trespass shall lie against a forest warden or anyone working 
under his direction, for entering lands of individuals or cor- 
porations for the purpose of extinguishing a fire, plowing 
furrows, or tearing down fences, or starting a back fire to 
check a lire that may be approaching. [L. 190(5, Ch. 294. 
L. 1910, Ch. 161.] 

Sec. 7. Aht. :59A, Anxotateo Code (Piis. Gex. Laws, 

1914). 

Expenses of extinguishing fires — Proviso. — The 
expenses incurred in fighting or extinguishing any (ire un- 
der the direction of the State Forester, or a forest warden, 
shall be borne half by the county in which the fire occurred 
and half by the State, and shall first be payable in full by 
the County Commissioners of such county upon receipt of 
an itemized account, with vouchers approved by the State 
Forester; the half to be paid by the State shall be re- 
fimded by the order of the State Hoard of Forestry out of 
any moneys standing to the credit of the State Forestry 
Fund, upon presentation of the accounts, together with 
evidence that the County Commissioners have paid the 
sum in full. Nothing in this article shall be so construed 
as to relieve the owner or lessee of lands upon which fires 
may Ijurn, or be started, from the duty of extinguishing 
such fires so far as may lie within his power. Xo such 
owner or lessee, nor person in the employ of such owner or 
lessee, shall receive any compensation from the State, or 
from the county, for fighting fires upon the lands of such 
owner or lessee. [L. 1906, Ch. 294. L. 1910, Ch. liil. L. 
1912, Ch, 34S, Sec, 7,] 

1 For provisions concerning prosecutions, see sec, 14, on p. 4, 



Sec, 9, Art, 39A, ,\nnot-\ted Code CPub Civ. Laws, 

19] 1). 

Notices, fire and trespass Penalty for destruc- 
tion — Citizens to extinguish or report fires — Pen- 
alty for failure. — The state forester shall furni.sh notices, 
printed in large letters upon cloth, calling attention to the 
dangers of forest fires, and to forest fire and trespass laws 
and their penalties; such notices shall be distriljuted by 
the state forester to forest wardens and posted by them in 
conspicuous places upon the State forest reserves and along 
the highways in forest-covered country. It shall be un- 
lawful for any person to tear down or deface any forest fire 
warning notice. Any violation of the law shall be punish- 
able by a fine of ten dollars for each and every offense,' 
It shall be the duty of any person who discovers a forest or 
brush fire not under the control or supervision of some per- 
son, to extinguish it or to report it iniraediatelyto the local 
forest warden, and failure to do so shall be punishable by a 
fine not to exceed ten dollars, to be recovered upon com- 
plaint of the forest warden.' [L. 1906, Ch. 294. L. 1910, 
Ch. 161.] 

(2) RAILROAD FIRES. 

(ThLs siib(li\'ision comprises the provisions of law, if 
any, deliniug the responsibility of railroad and logging 
coinpauies, the precautions to l)e taken by them, and tueir 
liability for damages (Hcasimied in the operation and main- 
tenance of their trains and rights of way: also provisions 
concerning the use of sjiark arresters and other safeguards 
on traction, thrashing, other portable and sawmill en- 
gines, and boilers. ) 

Sec. 12. .\i(T. :}9A. Annotated Code iPih. Civ. L\ws 

19111. 

Spark arresters, ash-pans, and fire boxes — Pen- 
alty. — Logging and railroad locomotives, donkey or 
threshing engines, and other engines ami boilers, operated 
in. through, or near forest or brush, which do not burn oil 
a-i fuel, shall be ]u-ovided with appliances to ])reveiit the 
escajjG of lir(j and sparks from the smoke-stacks thereof, 
and with device.-; to ])revent the escape of fire from ash- 
])ans and lire boxes. Failure to com])ly with these re- 
([uirements shall be a misdemeanor, punishable, upmi 
conviction, by a fine of not less than $10 nor mure than 
$100 for such (each'.'] and every offense thus committed.' 
[L. 1906, Ch. 294.] 

Xote. — In addition to the criminal provisions in 
Section 12, railroads are liable, as corporations, in 
both criminal and civil actions for causing fires in 
violation of Soctioiie 10. 11, 12. For full text of pro- 
visions, see Sections 10. 11, Hi, on ]>. 4. 

Sec 'MM. .\rt. 2:1. .Vnnotated Code (Pi d. ('iv Laws, 

1911). 

liability of railroad companies.- Railroad compa- 
nies shall be re,spou:iible fur injuries * * * by lire 
occasioned by their engines or carriages, U]m)Ii any of their 
roads and the branches thereof, unless the said companies 
can prove to the satisfaction of the justice or other tribunal 

' For provisions concerning prosecutions, see sec. 14, on p. 4. 



STATE FORESTRY LAWS MARYLAND. 



before which the suit may he tiied that the injury com- 
])laineil of was committed without auy negligence on the 
part of the com])any or its agents. 

Sec. 308. 

Prosecutions. — The damages caused by such injuries 
may be sued for and recovered by * * * the person 
injured by lire, before a justice of the peace, when the 
damages claimed shall not be over one hundred dollars, 
and in the circuit court for the county or the courts having 
civil jurisdiction over the amount claimed in the city of 
Baltimore, when the amount claimed exceeds one hundred 
dollars. 

Sec. 309. 

Prosecutions — Service of summons. — The damages 
claimed under section 307 of this article, shall be sued for 
in the county or city where the injuries shall have been 
done; and a gummons served upon the president or any of 
the directors or conductors of any of said companies shall 
be considered proper service upon the corporation; ])ro- 
vided, said service shall be made at least twenty days 
before the return day of the writ. 

Sec. 310. 

Judgment by default — Property liable to execu- 
tion. — If the company summoned shall not appear to 
answer at the time named in the summons, on the return 
of two summons served as aforesaid, the court or justice 
shall proceed to enter up judgment against said corpora- 
tion as if the said corporation had regularly appeared; but 
such judgment shall not be rendered until a£fida\'it shall 
be filed showing the name of the president, director or 
conductor on whom said service was made and the day of 
said service; and any property belonging to the corpo- 
ration shall be liable to execution for the amount of such 
j udgment. 

(3) SLASH DISPOSAL. 

(This subdivision comprises the provisiitns of law. if 
any, for slash disposal after lumbering and other cutting 
operations.) 

(4) FALLOW AND OTHER FIRES. 

(Tiiis subdivision comprises the provisions of law, if any, 
concerning the burning of fallow, brush, etc.. by farmers, 
and the general setting of fires to woods by hunters, fisher- 
men, and others.) 

Sec. 10, Art. 39A, Annotated Code (Pub. Civ. Laws, 

1911). 

Setting -woods, etc., on fire — Penalty. — Every 
individual or corporation that carelessly, negligently, or 
wilfidly, maliciously, or with intent, sets on fire, or causes 
or procures to be set on fire, any woods, brush, grass, grain 
or stubble on lands not their own, shall be guilty of a mis- 
demeanor, and upon conviction be punishable by a fine of 
not less than $25 or more than .1il,000, or imprisonment for 
not less than tliirty tlays or more than one year, or both 
such tine and imprisonment.' |L, 1906, Ch. 294.] 



' For provisions concerning prosecutions, see sec. 14, below. 



Sec. 11. 

Precautions to be taken in firing woods, etc.— 
Evidence — Damages. — It shall be unlawful for any 
person or corporation, as land owner, to set, or procure an- 
other to set fire to any woods, brush, logs, leaves, grass or 
clearing upon their own land, unless they shall have pre- 
viously taken all possible care and precaution against the 
spread of such fire to other lands not their own, by pre\-i- 
ously having cut and piled the same, or cai-efully cleared 
around the land wliich is to be burned, so as to prevent the 
spread of such fire. The setting of fire contrary to the 
provisions of this section, or allowing it to escape to the 
injury of adjoining lands, shall be ■prima facie proof of wil- 
fulness or neglect, and the land owner from whose land the 
fire originated shall be liable in a civil action tor damages 
lot the injury resulting from such tire, and also tor the cost 
of fighting and extinguishing the same. (L. 1906, Ch. 294.] 

Sec. 13. 

Liability under three preceding sections. — All 

individuals or corporations causing fires by violations of 
sections 10, 11 and 12 of this article shall be liable to the 
State, and to the county in which the fire occurred, in an 
action for debt to the full amount of all expenses incurred 
by the State or county in fighting ani^ extinguishing such 
fire. [L. 1906, Ch. 294.] 

Sec. 14. 

Jurisdiction of justices of the peace — Duty of 
State's attorneys. — Justices of the peace for this State 
in the county wherein the offence shall have been com- 
mitted shall have jurisdiction to hear and determine all 
prosecutions for the purpose of enforcing fines and penal- 
ties, collectible under the provisions of this article, not 
exceeding the amount of $100.00 and of holding the of- 
fender, under proper bail if necessary, for hearing before 
the circuit court, committing them to the county jail until 
.such hearing if the required bail is not furnished. It shall 
be the duty of the state's attorneys of the several coun- 
ties to prosecute all violators of section 10 of this article. 
[L. 1906, Ch. 294.] 

PART m.— PUBLIC FORESTS. 

(This division comprises the provisions of law, if any, 
for the establishment and care of State and municipal for- 
ests and nurseries, and for the practice of forestry on these 
and on other lands owned by the State.) 

(1) STATE FORESTS. 

(For other provisions, if any, concerning State forests 
and nurseries, see Part I.) 

Sec. 3, Art. 39A, Annotated Code (Pub. Gen. Laws, 

1914.) 

Purchase of lands and gifts for State forest re- 
serves. — The State Board of Forestry shall have the 
power to purchase lands in the name of the State, suitable 
for forest culture and reserves, using for such purposes any 
special appropriation or any surplus money not otherwise 



STATE FOEESTBY LAWS MARYLAND. 



appropriated, which may be standing to the credit of the 
Forest Reser\^e Fund, and to make all rules and regula- 
tions governins; State Besers'es, and to employ such labor 
and do s\ich work as they deem wise in developing and 
protecting State Reserves under their jurisdiction; and 
that the Governor of the State is authorized upon the 
recommendation of said State Board of Forestry to accept 
gifts of land to the State, the same to be held, protected 
and administered by the State Board of Forestry as State 
Forest Reserves, and to be used so as to 'demonstrate the 
practical utility of timber culture, water conservation and 
as a breeding place for game. Such gifts must be abso- 
lute except for the reservation of all mineral and mining 
rights over and under said lands, and a stipulation that 
they shall be administered as State I''orest Reserves, and 
the Attorney-General of the State is directed to see that 
all deeds to the State of lauds mentioned above are prop- 
erly executed before the gift is accepted. [L. 1906, Ch. 
294. L. 1914, Ch. 823.] 

Sec. 17. 

State forest nursery. — The State Board of J^orestry 
is merely [hereby ?J authorized to purchase land out of 
moneys standing to the credit of the Forest Reserve Fund, 
at a price exceeding five dollars ($5) per acre if necessary, 
for the establishment of a State Forest Nursery for the 
purpose of growing forest trees for planting on the State 
Reserves, and for distribution to private land-owners at 
cost, to encourage tree planting. (L. 1912, Ch. 348, sec. 2.] 

Note. — The State board of forestry and the State 
forester are also empowered to plant and care for trees 
along the roadsides, and to establish one or more State 
forest nurseries for the propagation of trees for road- 
side planting. For full text of provisions, see Sections 
15A.-15I., Art. 39, Annotated Code (Pub. Gen. Laws, 
1914). 

Sec. l.-jJ, 

Surplus trees for State forest reserve. — Any trees 
grown in the State Nurseries not required for roadside 
planting may be used lor planting on the State Forest Re- 
serve or may be furnished to any land owner of tliis State 
at not less than the cost of production ; provided such trees 
shall be plajited according to plans approved by the State 
Forester. [L. 1914, Oh. 824.] 

Sec. 20. 

Acquirement of land for State forest reserve. — 
The State Board of Forestry shall, in addition to the pow- 
ers heretofore granted it, have the power to be exercised 
within their discretion, to acquire by purchase lands be-- 
tween the town of Relay (or Elkridge Landing) and a point 
10 miles above that town, on either side of the Patapsco 
River, in Howard and Baltimore counties, within a dis- 
tance of one-half mile on either side from the medial line 
of said river, at such prices as they may determine it tobe 
worth, within the appropriatioji hereunder made, the same 
to be paid for out of the funds appropriated by the Act of i 
1912, Chapter 749, to be held by the State as a State Forest 
Reserve, imder the protection and administration of the ' 
State Board of Forestry, which shall exercise the same 1 



power in the matter of making rules and regulations in tlie 
management thereof as other State forest reserves are now 
subject to or may hereafter be subject to. The territory- 
whicli may be acquired hereunder shall be subject to all 
the general laws heretofore passed by tlie Legislature of tlie 
Stale not inconsistent herewith, but acts inconsistent with 
the provisions of the Act of 1912, Chapter 749, are hereby 
repealed. [L. 1912, Ch. 749, Sec. 12.] 

Sec 1, Ch. 209, L. 1914, 

Additional land for State forest reserve. — Be it 
enacted by the General Assembly of Maryland, That the State 
Board ol I'orestry is empowered to purchase lands on the 
watershed of the Patapsco River for a State Forest Reserve 
beyond the limits defined in Section 12, Chapter 749 of the 
Acts of 1912,' which said limits were defined as "Lands 
between the town of Relay (or Elkridge Landing) and a 
point ten miles above that town on either side of the Pa- 
tapsco River in Howard and Baltimore Counties, within a 
distance of one-half mile ou either side of the medial line 
of said river," at such price as they may determine it to be 
worth, using for such purpose any imexpended balance in 
the Forest Reserve Fund standing to the credit of the 
Patapsco Reserve. 
Sec. 21, Art. 39A, .\nnotated Code (Pub. (Iex. Laws, 

1914). 

Acquirement of tracts in Washington county, and 
other tracts — Appropriation. — The Stale Board of 
Forestry be and the same is hereby authorized to acquii'e 
fcir and in the name of the State a tract of land in Washing- 
ton county on which is situate Old Fort Frederick, together 
with such other additional land adjacent thereto as may 
in the judgment of such board be necessary and expedient, . 
said land when so acquired to be under the control of said 
boaril, and to be used by it in the execution of such plans 
as may be adopted by it for the reforestization of the 
State. The sum of eighty-five hundred dollars ($8,500), or 
BO much thereof as may be necessary, be and the same is 
hereby appropriated to the said State Hoard of Forestry, 
to be expended by said board in the acquisition of the 
property and in the accomplishment of the purposes s|)eci- 
fiedin this section. [L. 1912, Ch. 794, Sees. I, 2] 

Sec 22. 

Board empowered to condemn lands Expenses 
paid from forest reserve fund. — The State Board of 
Forestry shall have the right and power to condemn lands, 
earth, gravel, stone, timber, or materials, or any improve- 
ments in the name of the State, under Article 33A, title 
"Emment Domain," of the Code of Public General Laws 
of Maryland as passed in Chapter 117 of the Acts of 1912 
when such action is necessary for carrying out the purposes 
of any Legislative Act, or for advancing the aims of fores- 
try, and the work of the State Board of Forestry, and they 
may pay all costs and expenses thus incurred out of any 
surplus moneys standing to the credit of the Forest Reserve 
Fund, not otherwise appropriated; nothing herein contained 
shall apply to the City of Baltimore. [L. 1914, Ch. 823.] 

1 See Code sec. 20, above. 



STATE FORESTEY LAWS MARYLAND. 

(2) OTHER STATE LANDS. PART IV. — TAXATION. 



(Laws which provide merely for the protection of State 
lands other than State forests from fire and from timber 
and other forms of trespass, and for the sale of timber and 
other forest products therefrom, are not included because 
their intent is not one of forestry.) 

(3) MUNICIPAL FORESTS. 



(This division comprises the provisions of law, if any, 
coverinj; the classification and taxation of forested lands 
and lands to be forested, the purpose of which is to encour- 
age the practice of forestn,' by private owners; also such 
boimty and exemption laws as have a like purpose. For 
similar taxation provisions, if any, concerning State or 
municipal forests, or other State lands see Part III.) 



WASHIXGTO.N ; GOVERNMENT PRINTING OFFICE ; 1916 



Dato of issue, August 18, 1915. 



UNITED STATES DEPARTMENT OF AGRICULTURE 

'J FOREST SERVICE 

Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 

MISSOURI 

(Serial 1— Through Reg. Sess., 1915) 

Compiled in the Office of State Cooperation by Jeannie S. Peyton 

PURPOSE OF COMPILATION 

Information about the forestry laws of tlie various States, especially about those laws 
dealing with certain specific problems, is bemg demanded more and more; and requests for such 
information, coming from legislators. State administrative officers, forestry associations, forest 
schools, and other bodies and individuals, have led to the compilation, informally, of such 
State laws as bear more or less directly on the practice of forestry. 

The purpose of the compilation, of which this serial is a part, is to make easy a comparative 
study of the laws of the different States and to further the development of practical forestry 
legislation. By the classification of the laws and parts of laws under the headings: "Admm- 
istration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the 
progress of each State, or lack of it, m these particidars, is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws and 
those finer pomts of reference proper only to a legal or administrative manual have been omitted. 



PART I.~ADMINISTRATION. 

(This division comprises the pro\asions of law, if any, 
defining the general administrative duties of the regularly 
constituted State forestry officials; also certain miscella- 
neous forestry provisions. For specific provisions, if any, 
concerning administrative duties of these or other State 
officers in connection with forest fires, State and munici- 
pal forests and nurseries or other State lands, or forest tax- 
ation, see Parts II, III, and IV, respectively.) 

PART n.— FIRES. 

(This division comprises the general pro\'isions of law, 
if any, concerning protection from forest fijes. For local- 
ized provisions, if any, concerning protection of State-owned 
lands, see Part III.) 

(1) PROTECTIVE SYSTEM. 

(This subdivision comprises the provisions of law, if any. 
defining the personnel and the administrative duties of 
the State organization charged with the prevention, detec- 
tion, control, and extinguishment of forest fire.s. For spe- 
cific provisions, if any, concerning similar duties in con- 
nection with railroad fires, slash disposal, and fallow and 
other fires, see subdivisions (2), (3), and (4), respectively.) 

1282—15 



(2) KAILROAD FIKES. 

(This subdi^^sion comprises the provisions of law, if any, 
defining the responsibility of railroad and logging compa- 
nies, the precautions to be taken by them, and their lia- 
bility for damages occasioned in the operation and main- 
tenaiiceof their trains and rights of way; also proAdsions 
concerning the use of spark arresters and other safeguards 
on traction, thrashing, other portable and sawmill engines, 
and boilers.) 
Sec. 3150, Art. II, Ch. 33, Rev. St.a.t., 1909, Vol. 1. 

Rights of way, clearing: Periods for— Action by 
adjoining owners; recovery of costs for— Penalty.— 

* * * it shall be the duty of everv- corporation, com 
pany, or person owning or operating any railroad or br.uich 
thereof in this state, to cause all dead or drj' vegetation and 
undergrowth upon the right of way occupied by such rail- 
road company to be cleaned off and burned up or removed 
twice in each year for the purpose of preventing the spread 
of fire and the destruction of property, to wit: Between the 
1st and 15th day of August, and between the 5th and 25th 
days of October, in each year, and in case any such corpo- 
ration,, company or person shall fail or neglect to do so, 
within the times Umited in this section, any person owning 



^■^p 



STATE FOKESTSY LAWS MISSOUBI. 



land adjoining such railroad is hereby authorized, after 
giving three days' notice, in writing, to such owner or oper- 
ator of said railroad, by service upon the nearest station 
agent or section foreman, to cause all such dead or dry vege- 
tation and undergrowth upon the right of way occupied by. 
said railway company to be cleaned off and l)urned up in 
front of and adjoining his land, and such land owner may 
maintain an action against said corporation, conipany or 
person so failing to perform this duty, in any court of com- 
petent jurisdiction, and shall be entitled to recover double 
the amount of all expenses and damages incurred and ac- 
cruing thereby, together with costs; and any corporation, 
company or person failing to comply with the provisions of 
this section shall incur a penalty not to exceed two hun- 
dred dollars and be liable for all damages done by said 
neglect of duty, and each neglect of duty shall be a sepa- 
rate offense. [Rev. Stat., 1899, Sec. 1110, amended by 
L. 1907, p. 169, and L. 1909, p. 359.] 

Sec. 3151. 

Fires caused by engines, damages for — Insurable 
interest. — Each railroad corporation owning or operating 
a railroad in this state shall be responsible in damages to 
every person and corporation whose property may be 
injured or destroyed by fire communicated directly or 
indirectly by locomotive engines in use upon the ra ^road 
owned or operated by such railroad corporation, and each 
sych railroad corporation shall have an insurable interest 
in the property upon the route of the railroad owned or 
operated by it, and may procure insurance thereon in its 
own behalf for its protection against such damages. [Rev. 
Stat., 1899, Sec. 1111.] 

(3) SLASH DISPOSAL. 

(Tliis subdivision comprises the provisions of law, if 
any, for slash disposal after lumbering and other cutting 
operations.) 

(4) FALLOW AND OTHER FIRES. 

(This subdivision comprises the pro^asions of law, if 
any, concerning the burning of fallow, brush, etc., by 
farmers, and the general setting of fires to woods by hunters, 
fishermen, and others.) 

Sec. 4621, .\nT. V, Ch. 36, Rev. Stat., 1909, Vol. 2. 

Setting Are to woods — Penalty. — If any person shall 
wilfully set on fire any woods, marshes or prairies not 
his own, or shall negligently or carelessly set out or leave 
fire on land or premises not Ms own, whereby any damage 
shall be done, such person shall, upon conviction, be 
punished by imprisonment in the county jail not exceed- 
ing twelve months, or by fine not exceeding five hundred 
dollars. [Rev. Stat., 1899, Sec. 1980.] 

Sec. 4629. 

Malice, evidence of. — It shall not be necessary to show 
on the trial of any offense for malicious trespass or injury 
to property specified in this article that the offense was 



committed from malice conceived against the owner of 
the property, * * * but if the act was wrongfully, 
intentionally and wilfully done, it may be inferred that 
it was done maliciously. [Rev. Stat., 1899, Sec. 1989.] 

Sec. 5432, Art. I, Ch. 38, Rev. Stat., 1909, Vol. 2. 
Wilfully setting on Are woods, etc. — Penalty. — If 

any person shall wilfully set on fire any woods, marshes 
or prairies, so as thereby to occasion damage to any other 
person, such person shall pay a sum not exceeding five 
hundred dollars nor less than fifty dollars, one-half thereof 
for the use of the person suing for the same, and the other 
half to the use of the county in which the offense is com- 
mitted. [Rev. Siat., 1899, sec. 2871.] 

Sec 5433. 

Damages, measure of. — If any person shall wilfully 
set on fire any woods, marshes or prairies, whether his 
own or not, so as thereby to occasion any damage to any 
other person, such person shall make satisfaction in double 
damages to the party injured, to be recovered by civil 
action. [Rev. Stat., 1899, sec. 2872.] 

Sec. 6531, Am. II, Ch. 49, Rev. Stat., 1909, Vol. 2. 

Firing timber or grass — Camp lire unextin- 
guished — Penalty. — No person shall set fire to any tim- 
ber or grass on land belonging to this state or to the United 
States, or set fire to any place where it is liable to spread 
to such timber or grass, nor abandon any camp fire unex- 
tinguished. Any person violating any of the provisions 
of this section shall be deemed guilty of a misdemeanor, 
and, upon conviction shall be fined not less than twenty- 
five dollars nor more than two hundred dollars. [L. 1909, 
p. 519.] 

PART ra.— PUBLIC FORESTS. 

(Tliis division comprises the provisions of law, if any, 
for the establishment and care of State and municipal 
forests and nurseries, and for the practice of forestry on 
these and on other lands owned by the State.) 

(1) STATE FORESTS. 

(For other provisions, if any, concerning State forests 
and nurseries, see Part I.) 

(2) OTHER STATE LANDS. 

(Laws which provide merely for the protection of State 
lands other than State forests from fire and from timber 
and other forms of trespass, and for the sale of timber and 
other forest products therefrom, are not included because 
their intent is not one of forestry.) 

(3) MUNICIPAL FORESTS. 

PART IV.— TAXATION. 

(Tliis division comprises the provisions of law, if any, 
covering the classification and taxation of forested lands 
and lands to be forested, the purpose of which is to encour- 
age the practice of forestry by private owners; also such 
bounty and exemption laws as have a like purpose. For 
similar taxation provisions, if any, concerning State or 
municipal forests, or other State lands, see Part III.) 



r 



LIBP?ARY OF CONGRESS '~l 



WASHINGTON : GOVERNMENT PRINTING OFFICB : 1916 









Date of issue, August IS, 191.5 



UNITED STATES DEPARTMENT OF AGRICULTURE 

>> FOREST SERVICE 

Henry S. Graves, Forester 



STATE FORESTRY LAWS 



A parallel class«fication showing the comparative 
progress of each State in forestry legislation 

TEXAS 

(Serial 1— Through Reg. Sess., 1915) 

Compiled in tho Office of State Cooperation by Jeannie S. Peyton 

PURPOSE OF COMPILATION 

Information about the forestry laws of the various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more ; and requests for such 
information, coming from legislators, State administrative officers, forestry associations, forest 
schools, and other bodies and individuals, have led to the compilation, informally, of such 
State laws as bear more or less directly on tho practice of forestry. 

The purpose of the compilation, of which tliis serial is a part, is to make easy a comparative 
study of the laws of the different States and to further the development of practical forestry 
legislation. By the classification of the laws and parts of ^aws under the headings: "Adminis- 
tration," "Fh-es," "PubHc Forests," and "Taxation," the comparison is simphfied, and the 
progress of each State, or lack of it, in these particulars, is clearly shown. 

The better to accomphsh this educational aim, the great mass of timber and tree laws and 
those finer points of reference proper only to a legal or administrative nuxnual have been 
omitted. 



PART I.— ADMINISTRATION. 

(This division comprises the provisions of law, if any, 
defining the general administrative duties of the regularly 
constituted State forestry officials; also certain miscellane- 
ous forestry provisions. For specific provisions, if any, 
concerning administrative duties of these or other State 
officers in connection with forest fires, State and municipal 
forests and nurseries or other State lands, or forest taxation, 
see Parts II, III, and IV, respectively.) 

Sec. 1, Ch. 141, L. 1915. 

State Forester: Appointment — Qualifications — 
Compensation and expenses — Assistants and em- 
ployes — Action re fires — Pi-osecutions by— Forest 
data — Co-operation — Reports by. — That there shall be 
appointed by the Board of Directors of the Agricultural and 
Mechanical College of Texas a State Forester, who sh^ll bo 
a technically trained forester of not less than two years' 
experience in professional forestry work; his compensation 
shall be fixed by said board at not to exceed three thousand 
($3,000) dollars per annum, and he shall bo allowed 

1283—15 -l 



reasonable traveling and field expenses incurred in the 
performance of his oflicial duties. He shall, under the 
general supervision of said board, have direction of all 
forest interests and all matters pertaining to forestry 
within the jurisdiction of the State. He shall appoint, 
subject to the approval and confirmation of said board, 
such assistants and employes as may be necessary in 
executing the duties of his ofBce and the purposes of said 
board, the compensation of such assistants and employes 
to be fixed by the said board. He shall take such action 
as may be deemed necessary by said board to prevent and 
extinguish forest fires, shall enforce all laws pertaining to 
the protection of forest and woodlands, and prosecute for 
any violation of such laws; collect data relative to forest 
conditions, and to co-operate with land owners as de- 
scribed in Section 2 of this Act. He shall prepare for said 
board annually a report on the progress and condition of 
State forestry work, and recommend therein plans for 
improving the State system of forest protection, manage- 
ment and replacement. 



■.fi^ 



STATE rOBESTRY LAWS TEXAS. 



Sec. 2. 

Cooperation In preparing forest worljing plans- 
Expense.— That the State Forester shall, upon request, 
under the sanction of the Board of Directors, and when- 
ever he deems it essential to the best interests of the people 
of the State, cooperate with counties, towns, corporations 
or individuals in preparing plans for the protection, man- 
agement and replacement of trees, woodlots and timber 
tracts, under an agreement that the parties obtaining such 
assistants [assistance] pay at least the field expenses of the 
men employed in preparing said plans. 

Sec. 5. 
Annual appropriation for State forestry fund.— 

That for the maintenance, use and extension of the work 
under the Board of Directors, and for forest fire protection, 
there is herelay appropriated the sum of ten thousand 
($10,000) dollars annually out of any moneys in the State 
Treasury not otherwise appropriated, to be placed to the 
credit of the State forestry fund.' 

Sec. 6. 

Cooperation with Federal Forest Service. — That the 
Board of Directors may co-operate with the Federal Forest 
Service under such terms as may seem desirable. 

PART II.— FIRES. • 

(This division comprises the general provisions of law, 
if any, concerning protection from forest fires. For local- 
ized pro\asions, if any, concerning protection of State- 
owned lands, see Part III.) 

(1) PROTECTIVE SYSTEM. 

(This subdivision comprises the provisions of law, if any, 
defining the personnel, and the administrative duties, of 
the State organization charged with the prevention, detec- 
tion, control, and extinguishment of forest fires. For spe- 
cific provisions, if any, concerning similar duties in con- 
nection with railroad fires, slash disposal, and fallow and 
other fires, see subdivisions (2), (3), and (4), respectively.) 

Sec. 1, Ch. 141, L. 1915. 
State Forester: Action re fires. — * * * He 

[State Forester] shall take such action as may be deemed 
necessary by said board [Board of Directors of the Agricul- 
tural and Mechanical College of Texas] to prevent and ex- 
tingiush forest fires, shall enforce all laws pertaining to the 
protection of forest and woodlands, and prosecute for any 
violation of such laws; * * *.' 

Art. 4042, Ch. 3, Rev. Civ. Stat., 1911. 

Game, fish and o.vster commissioner and deputies 
made Are commi.ssioners; duties of. — The game, fish, 
and oyster commissioner and his deputies appointed under 
the provisions of this chapter are hereby made fire commis- 
sioners, and it shall be their duty, in addition to their duties 
provided for in this chapter, to caution sportsmen or other 
persons, while in the woods or marshes or prairies, of the 
danger from fire, and to extinguish all fires left burning by 



' For State forestry fund, see sec. 4, on p. 3. 
» For full text of this section, see p. 1. 



any one, to the extent of their power, and to give notice to 
any and all parties interested, when possil>le, of fires raging 
and beyond their control, to the end that same may be 
controlled and extinguished. [Acts 1907, p. 257, sec. 12.] 

(2) RAILROAD FIRES. 

(Tills subdivision comprises the provisions of law, if any, 
defining the responsibility of railroad and logging compa- 
nies, the precautions to be taken by them, and their lia- 
bility for damages occasioned in the operation and main- 
tenance of their trains and rights of way ; also provisions 
concerning the use of spark arresters and other safeguards 
on traction, thrashing, other portable and sawmill engines, 
and boilers.) 

(3) SLASH DISPOSAL. 

(This subdivision comprises the provisions of law, if any, 
tor slash disposal after lumbering and other cutting opera- 
tions.) 

(4) FALLOW AND OTHER FIRES. 

(This subdivision comprises the provisions of law, if any, 
concerning the burning of fallow, brush, etc., by farmers, 
and the general setting of fires to woods by hunters, fish- 
ermen, and others.) « 

Art. 1218, Penal Code, 1911. 
Burning woodland or prairie — Penalty. — If any 

person shall wilfully or negligently sot fire to, or burn, or 
cause to be burned, any woodland or prairie, not his own, 
he shall be punished liy fine not less than fifty nor more 
than three hundred dollars. [Act April 14, 1883, p. 102. 

Art. 1219. 

Offense complete, when. — The offense named in the 
foregoing article is complete where the person offending 
sets fire to his own woodland or prairie and the fire com- 
municates to the woodland or prairie of another. 

Art. 1225. 
Firing grass in inolosure of another — Penalty. — 

Any person who shall wilfully lire any grass within any 
inclosure, not his own, in this state, with intent to destroy 
the grass in such pasture, or any part thereof, or any person 
who shall fire the grass on the outside of any inclosure with 
the intent to destroy the grass in such inclosure, by the 
communication of said fire to the grass witliin, shall be 
deemed guilty of a felony, and, upon conviction, punished 
by confinement in the state penitentiary for a term of not 
less than two nor more than five years. [Act Feb. 7, 1884, 
pp. 66, 67.] 

PART III.— PUBLIC FORESTS. 

(This division comprises the provisions of law, if any, 
for the estabhshment and care of State and municipal 
forests and nurseries, and for the practice of forestry on 
these and on other lands owned by the State.) 

(1) STATE FORESTS. 

(For other provisions, if any, concerning State forests 
and nurseries, see Part I.) 

Sec. 3, Ch. 141, L. 1915. 

State Forests: Acquirement of lands— Use of— 
Funds available for— Title deeds.— That the Governor 



[" LIBRARY OF CpNGRESS 



STATE FORESTRY LAWS TEXAS. 



of the State is authorized, upon the recommendation of 
the Board of Directors, to accept gifts of land to the State, 
same to be held, protected and administered by said 
board as State forests, and to be used so as to demonstrate 
the practical utility of timber culture and water con- 
servation, and as refuges for game. Such gifts must be 
absolute except for the reservation of all mineral and 
mining rights over and under said lands, and a stipulation 
that they shall be administered as State forests. 

The Board of Directors shall have the power to j)urchase 
lands in the name of the State, suitable chiefly for the 
production of timber, as State forests, using for such pur- 
poses any special appropriation or any surplus money not 
otherwise appi'opriated, which may be standing to the 
credit of the .State forestry fund. 

The Attorne)' General of the State is directed to see that 
all deeds to the State of land mentioned in this section 
are properly executed before the gift is accepted or pay- 
ment of the purchase money is made. 

Sec. 4. 

State forestry fund created. — That all moneys re- 
ceived from ihe sale of wood, timber, minerals or other 



products from the State forests, and penalties for trespass- 
ing thereon, shall be paid into the State Treasury, and 
shall constitute a State forestry fund ', and the moneys in 
said fund are hereby appropriated for purpo.ses of forestry 
in general, under the direction of the Board of Directors. 

(2) OTHER STATE LANDS. 

(Laws which provide merely for the protection of State 
lands other than State forests from fire and from timber 
and other forms of trespiiss, and for the sale of timber and 
other forest products therefrom, are not included because 
their intent is not one of forestry.) 

(3) MUNICIPAL FORESTS. 

PART IV. TAXATION. 

(This di^"ision comprises the provisions of law, if any, 
covering the classification and taxation of forested lands 
and lands to be forested, the purpose of which is to en- 
courage the practice of forestry by private owners; also 
such bounty and exemption laws as have a like purpose. 
For similar taxation provisions, if any, concerning State 
or municipal forests, or other State lands, see Part III.) 

I See also sec. 5, on p. 2. 



WASHI.NGTON : OOVBRNMENT PRINTING OFFICE; 1915 



Date of issue August IS, 1915. 



UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 

VffiGINIA 

(Serial 1— Through Reg. Sess., 1914) 

Compiled in the Office of State Cooperation by Jeannie S. Peyton 

PURPOSE OF COMPILATION 

Iiiforiiiation about tlie forestry laws of the various States, espeeially aV)out those laws 
(lealiufj with^certaiu specific problems, is being demanded more and more; and requests for 
such information, coming from legislators. State administrative officers, forestry associations, 
forest schools, and other bodies and individuals, have led to the comjiilation. informally, of 
such State laws as bear more or less directly on the practice of forestry. 

The purpose of the compilation, of which this serial is a part, is to make easy a comparative 
study of the laws of the different States and to further the development of practical forestry 
legislation. By the classification of the laws and parts of laws under the headings: "Adminis- 
tration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the 
progress of each State, or lack of it, in these particulars, is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws 
and those finer points of reference ))roper only to a legal or administrative manual have been 
omitted. 



PART I.— ADMINISTRATION. 

(This division comprises tht- provisions of law, if any, 
defining the general administrative duties of the regularly 
constituted State forestry officials; also certain miscella- 
neous forestry provisions. For specific provisions, if any, 
concerning administrative duties of these or other State 
officers in connection with forests fires. State and munici- 
pal forests and nurseries or other State lands, or forest tax- 
ation, see Parts II, III, and IV, respectively.) 

Sec. 1 Ch. 19.5, L. 1914. 

Office of State Forester — (Jeological commission, 
personnel. — Be it enacted by the general as.sembly of 
Virginia, That there be, and is hereby, created the office 
of State forester, which shall be under the direction and 
control of the State geological commission, composed of 
the governor (who shall be ex-officio chairman of said 
commission), the president of the University of Virginia, 
the president of the Virginia Polytechnic Institute, the 
superintendent of the Virginia MiUtary Institute, and 
one citizen from the State at large, who shall be appointed 
by the governor for a period of four years. 

1890—15 



Sec. 2. 

Forester, appointment; qtialifications. — The State 
forester shall be appointed by said commiasion, and he 
shall be a technically trained forester, and shall have both 
a practical and theoretical knowledge of forestry. 

Sec. 3. 

Bond. — The State forester, before ent<?ring upon the 
performance of the duties of his office, shall execute bond 
to the Commonwealth with surety or sureties worth at 
the time not less than twenty thousand dollars, to be 
approved by the governor and filed in the office of the 
secretary of State, conditioned for the faithful performance 
of the duties of his office, upon which, for any breach 
thereof, action may be instituted from time to time and 
recovery had to the extent of the damage sustained by the 
Commonwealth or others. Said bond shall be examined 
and the sureties approved by the governor once in each 
year, and he may at any time, when he deems the bond 
insufficient, require the execution of a new bond or addi- 
tional sureties on the old one. 



§:^ 



STATE FOEESTEY LAWS VIRGINIA. 






Sec. 4. * * * 

Forestry work of geological commission. — Said 
commission shall obsi-rve, keep in view, and, so far as it 
can, ascertain the best methods of reforesting cut-over and 
denuded lands, foresting waste lands, preventing the 
destruction of forests by fire, the administering forests on 
forest principles, the instruction and encouragement of 
private owners in preserving and growing timber for com" 
mercial and manufacturing purposes, and the general 
conservation of forest tracts around the headwaters and on 
the watersheds of all the water courses of the State. 

Sec. 7. 

Waters: Duties of commission concerning. — It shall 
be the duty of said commission to make or cause to be 
made a careful investigation of the streams and navigable 
rivers within and bordering upon the State, of the methods, 
means, and cost of improving the same; of preventing 
their pollution; of conserving the water supply thereof; 
of using the same for the production of power, and how 
and in what ways the said streams and rivers may be made 
of most value to the State, and to the people thereof. 

Sec. 8. 
Reports and recommendatlon.s — Bulletins, etc. — 

Said commission shall preserve all evidence which it may 
take with reference to conserving the forest and the water 
supply of the State and the methods best adapted to ac- 
complish those objects, and it shall make report of its 
doings, conclusions, and recommendations to each ses- 
sion of the general assembly, and, from time to time, pub- 
lish, in a popular manner, and print for public distribu- 
tion, in bulletin or other form, such of its conclusions and 
recommendations as may be of immediate public interest. 

Sec. 12. 

Receipts and expenditures; report on. — The said 
commission shall keep a full and accurate account of its 
receipts and expenditures, and it shall make a ffill and 
accurate and complete report to each session of the general 
assembly, showing in detail its receipts from all sources 
and its expenditures and the purposes for which expendi- 
tures have been made. 

Civil engineer, surveyor, assistants. — It shall also 
have power to employ a civil engineer and surveyor from 
time to time, with his necessary assistants, whenever the 
necessities of the case may require. 

Sec 13. 

Cooperative work — Expenses. — Subject to the direc- 
tion of the said commission, the State forester shall, when- 
ever he may be directed so to do by the said commission, 
cooperate with counties, municipalities, corporations, and 
individuals in preparing plans for the protection, man- 
agement, and replacement of trees, wood lots, and timber 
tracts under an agreement that the parties obtaining such 
assistance shall pay the field and the traveling expenses 
of the man employed in preparing said plans. 



Sec 15. 

State forester: Administrative and Investigative 
duties of— ^Charge of wardens, laborers, flres. State 
forests — Report on waters — Cooperative work — Edu- 
cational work — Reports and recommendations. — 
The State forester shall have the supervision and direction 
of all forest interests and of all matters pertaining to fores- 
try witliin the State; he shall have charge of all forest 
wardens who may be appointed by said commission, and 
the appointment, dh-ection, and superintendence of the 
persons and laborers whom the commission may deem it 
necessary to employ to perform labor in the forest reserva- 
tions or the nurseries herein provided for; he shall take 
such action as is authorized by law to prevent and ex- 
tinguish forest fires; enforce all laws pertaining to forest 
and woodlands; prosecute any violation of such laws; 
collect information relative to forest destruction and con- 
ditions; direct the protection and improvement of all 
forest reservations; make the investigation required by 
section seven of this act with reference to the streams and 
navigable rivers within and bordering upon the State, and 
report in writing with regard thereto to the said commis- 
sion; cooperate with land owners as provided in section 
eight [thirteen] of this act; and, as far as his duties as State 
forester will permit, carry on an educational course on 
forestry at the University of Virginia for credit toward a 
degree of farmers' institutes and similar meetings within 
the State. He shall also recommend to said commission 
and prepare for its use plans for improving the State sys- 
tem of forest protection, management, and replacement) 
and prepare for said commission, annually, and also when- 
ever required so to do by said commission, a report on the 
progress and conditions of State forest work. 

Sec 17. 

Salary, etc., of State forester. — The salary of the 
State forester shall be fixed by the said commission, and 
shall not exceed two thousand dollars per annum, and he 
shall be paid reasonable traveling and field expenses 
actually incurred in the performance of his official duties. 

Sec 27. 

Disposition of lines — Forest reserve fund, use of.— 

All money received as penalties for violations of the pro- 
visions of this act, less the cost of collection and not other- 
wise provided for, together with any amount obtained 
from the State forestry reserves, shall be paid into the 
State treasury, to the credit of the forest reserve fund, 
which fund is hereby created; and the moneys in said fund 
arc hereby appropriated for purposes of forest protection, 
management, replacement, and extension, under the 
direction of the commission. 

Sec 28. 

University of Virginia to defray expense of ad- 
ministration. — Prior to the meeting of the general as- 
sembly of Virginia in nineteen hundred and sixteen, the 
commission herein provided shall organize and put into 



Ll3f?ARY OF CPngS'""' 



STATE FORESTRY LAWS — VIRGINIA. 



ciperatinn the purposes o£ this act. and the expenses in- 
curred by this organization and its operation for that 
period of time shall be paid out of the budget of the Uni- 
versity of Virginia. 

Sec. 29. 

Federal cooperation. — The said comraission is hereby 
authorized to arrange with the United States forestrj- de- 
partment in regard to co-operation in such instances as may 
be deemed necessary and of advantage to the State: pro- 
vided, that in all co-operative work a sum of money shall 
be expended by the said United States forestry bureau 
equivalent to that expended by the State commission, 
and that the said commission may accej)! or reject the 
Work of the United States forestry bureau. 

PART 11.— FIRES. 

(This division comprises the general provisions of law, 
if any, concerning protection from forest fires. For local- 
ized provisions, if any, concerning protection of State- 
owned lands, see Part III.) 

(1) PROTECTIVE SYSTEM. 

(This subdivision cojtprises the provisions of law. if 
any, defining the personnel, and the administrative du- 
ties, of the Stata organization charged with the preven- 
tion, detection, control and extinguishment of forest 
(ires. For specific provisions, if any. concerning similar 
duties in connection with railroad fires, slash disposal, 
and fallow and other fires, see subdivisions (2), (3), and 
(4), respectively.) 

Sec. 18. Ch. 195, L. 1914. 

Forest wardens; Appointment — Compensation — 
I'owers of, for protection of State forests, and fish 
and game. — Whenever the State geological commission 
considers it necessary, it may apply to the governor to 
commission such persons as it may designate to act as 
forest wardens of this State, to enforce the forest laws, 
and. under the direction of the board, to aid in carr\'ing 
out the purposes of this act; but they shall be subject to 
removal at any time at the pleasure of the State geological 
commissicm. Such wardens shall receive such compensa- 
tion from time to liuie as the State geological commission 
may allow them for special services. Forest wardens 
thus appointed shall, before entering upon the duties of 
their office, take the proper official oath before the clerk 
of the court of the county in which they reside, after 
which they shall, while holding said office, possess and 
exercise all the authority and power held and exercised 
by constables at common law and under the statutes of 
this State, so far as arresting and prosecuting persons for 
violations of any of the laws or rules and regulations en- 
acted or made, or to be enacted or made, for the protection 
of the State forestry reserves, or for the protection of the 
lish and game contained therein, are coiicerned.' 

Si;c. 19. 

Wardens: Duties of^Arrcsts by — Fires, assistance 
in extinguishing — Account of expenses. — It shall be 



' For provisions couceruing prosecutions, see Sec. 26, on p. 



the duty of the forest wardens to enforce all forest laws of 
this State; ' to protect the State forest reserves, and to see 
that all rules, regulations and laws are enforced; to re- 
port violations of the law to the State forester; to assist in 
apprehending and convicting offenders, and to make an 
annual report to him as to forest conditions in their im- 
mediate neighborhood. WTien any forest warden shall see 
or have reported to him a forest fire, it shall be Ids duty 
immediately to repair to the scene of the fire and employ 
such persons and means as in his judgment seem expedient 
and necessary to extinguish said fire. He shall keep an 
itemized account of all expenses thus incurred and send 
such account immediately to the State forester. 

Sec. 20. 

Funds for forest protection — Action for cost of 
flre-flghtlng. — The boards of county supervisors of the 
several counties of this State are hereby authorized to levy 
and appropriate money for purposes of forest protection, 
improvement, and management; and said boards shall 
have recourse under an action at law for debt against any 
land owner, individual, or corporation on whose account 
they shall be obliged to pay out money for fighting fire for 
the amount which they shall have expended for such 
purpose . 

Sec. 16. 

Notice of lire, tresspass, etc. — The State forester shall 
fiu'nish notice, printed in large letters on cloth, calling 
attention to the dangers of forest fires and to trespass laws 
and their penalties, and to the rules and regulations of the 
commi.ssion, which notice shall be distributed by the 
State for; ster to forest wardens and posted by them in con- 
spicuous places ui)on State forest reserves and ahmg the 
highways. 

(2) RAILROAD FIRES. 

(This subili vision compris'.s the provisions of law, if any, 
defining thi- responsibility of railroad and logging compa- 
nies, th" precautions to be taken by them and thi-ir lia- 
bility for damages occasioned in the operation ami main- 
tenance of their trains and rights of way; also provisions 
concerning the us- of spark arresters and other safeguards 
on traction, ihra-'^hing, other portable and sawmill engines, 
and boilers.) 

Sec. 1294D. Code, 1904. * * * 
Sparl{ arresters on locomotives— Penalty.— (18 '') 

No railroad company doing business in this State shall 
run on its road any locomotive not having an approved 
spark aiTester. Every company violating the provisions 
of this section shall be fineil ten dollars for each offense, 
and each day of running such locomotive shall be deemed 
a separate offense. 

Rights of way to be Icept dear.— (55) Every railroad 
company shall keep it« right of way clear and free from 

' For pr^jvisions concerning prosecutions, see Sec. 26, on p. 5. 

: The wortiini; of this subdivision (18) is identical with ihat of sec. 1204 
(derived from an earlier ael iMnmined in (lie volume of Session Laws of 
1SS3-4, p. 704). 



STATE FOEESTKY LAWS ^VIEGINIA. 



weeds, high grass, and decayed timber, which, from their 
nature and condition, are combustible material, liable to 
take and communicate tire from passing trains to abutting 
or adjacent property. 

Penalty. — (70) Any railroad company failing to com- 
ply with, or violating, or permitting any of its agents or 
employees to violate, any of the provisions of this chapter, or 
any valid order, rule, or regulation of the State corporation 
commission, relating to the provisions of this chapter, if 
not otherwise provided in this chapter, shall be fined not 
less than ten dollars nor more than five hundred dollars 
for each offense. [Chapter 4 of Act Concerning Public 
Service Corporations, Acts 1902-3^, Extra Sess., p. 9(i8.] 

Sec. 1, Ch. 269, L. 1908(Code Supp., 1910, p. 796). 

Liability of companies, regardless of location of 
fire and condition of appliances. — Be it enacted by 
the general assembly of Virginia, That whenever any per- 
son shall sustain damage from fire occasioned by sparks or 
coals dropped or thrown from the engine or train of any 
railroad company, such company shall be liable for the 
damage so sustained, whether said fire shall have origi- 
nated on said company's right of way or not, and whether 
or not such engine is equipped with proper spark-arresting 
appliances, and regardless of the condition in which such 
appliances may be. 

Sec. 1, Ch. 392, L. 1908 (Code Supp., 1910, p. 856). 

Insurable interest. — Be it enacted by the general 
assembly of Virginia, That every railroad company shall 
have, and is hereby invested with, an insurable interest 
in the property upon the route of any railroad operated by 
it, and may procure insurance thereupon in its own behalf 
for protection against any damage to said property liy fire 
or otherwise, for which such company shall or might be 
liable. 

Sees. 23, 25, Ch. 195, L. 1914. * * * 

Note. — Civil liability. — Railroad companies are 
liable, as corporations, for damages and costs of extin- 
guishing fires in cases in which they cause fires which 
result in injury. For full text of the provisions, see 
these sections on pp. 4 and 5. 

Sec. 24. 

Spark arresters, etc. — Ash pans — Fire boxes — Pen- 
alties. — Logging and railroad locomotives, donkey or 
threshing engines, and other engines and boilers, operated 
in, through or near forest or brush, which do not bum oil 
as fuel, shall be provided with appliances to prevent, as 
far as may be possible, the escape of fire and sparks from 
the smokestacks thereof, and with devices to prevent, as 
far as may be possible, the escape of fire from ash pans and 
fire boxes. Failure to complj' with these requirements 
shall be a misdemeanor, punishable, upon conviction, by 
a fine of not less than ten dollars nor more than one hun- 
dred dollars for each and every offense committed.' 

> For provisions concerning prosecutions, see sec. 26, on p. 5, 



Sec. 3859, Code, 1904. 

Spark arresters on engines moved with steam — 
Penalty. — Any person, who moves any engine with steam 
on any road shall * * *. Such engine shall be pro- 
vided with a good spark arrester in proper order and place, 
to prevent spreading fire. If any person violate any pro- 
vision of this section he shall be fined not less than five 
nor more than twenty dollars. [L. 1883-4, p. 519.] 

(3) SLASH DISPOSAL. 

(This subdivision comprises the provisions of law, if 
any, for slash disposal after lumbering and other cutting 
operations.) 

(4) FALLOW AND OTHER FIRES. 

(This subdivision comprises the provisions of law, if 
any, concerning the burning of fallow, brush, etc., by 
farmers, and the general setting of fires to woods by hunters, 
fishermen, and others.) 

Sec. 3701, Code Supp., 1910. 
Setting fire to woods, grass, etc. — Penalty. — If any 

person unlawfully and maliciousl)' set fire to any woods, 
fence, grass, straw or other thing capable of spreading 
tire on lands, he shall be fined not less than five nor more 
than five hundred dollars, and be confined in jail not less 
than one nor more than twelve months, or in the discre- 
tion of the jury be confined in the penitentiary not less 
than one nor more than three years. [L. 1908, Ch. 40.] 

Sec. 3702, Code, 1904. 

Setting fire to woods, marshes, brush, etc., 
whereby another is damaged — Penalty. — If any per- 
son carelessly, negligently, or intentionally set any woods 
or marshes on fire, or set fire to any stubble, brush, straw, 
or inflammable substance, capable of spreading fire on 
lands, whereljy damage is done to the property of another, 
he shall be fined not less than ten nor more than one hun- 
dred dollars. [L. 1887-8, p. 288.] 

Sec. 23, Ch. 195, L. 1914. 

Burning brush, etc.: precautions — Prima facie 
proof of wilfulness or neglect — Civil action and 
costs. — It shall be unlawful for any persons or corpora- 
tions, as land owner, to set, or procure another to set, fire 
to any woods, brush, logs, leaves, grass, or clearing upon 
their own land, unless they have previously taken all pos- 
sible care and precaution against the spread of such fire 
to other lands not their own, by previously having cut 
and piled the same, or carefully cleared around the land 
which is to be burned, so as to prevent the spread of such 
fire. The setting of fire contrary to the provisions of this 
section, or allowing it to escape to the injury of adjoining 
lands, shall be prima facie proof of wilfulness or neglect, 
and the land owners from whose land the fire originated 
shall be liable in a civil action for damages for the injury 
resulting from such fire, and also for the cost of fighting 
and extinguishing the same. 



STATE FOKESTEY LAWS VIKGINIA. 



Sec. 25. 

Liability to State or county for damage by flres, 
and expen.ses. — All individuals and corporations cauaing 
(ires by violation of any of the provisions of this act shall 
bi' liable to the State or county in which the fire occurred 
for all damages the State or the county may sustain by such 
fire or fires, and, in addition thereto, to the full amount of 
all expenses incurred by the State or county in fighting or 
extinguishing said fire. 

Sec. 26. 

Juri.sdictlon in cases of prosecution — State's at- 
torney to prosecute. — Justices of (he peace for this State, 
in the county wherein the offense shall have been com- 
mitted, shall have the jurisdicdon to hear and determine 
all prosecutions for the purpose of enforcing fines and pen- 
alties collectible under the provisions of this act, not ex- 
ceeding the amount of one hundred dollars, and of holding 
the offender, under proper bail if necessary, for healing 
before the circuit court, and committing him to the county 
jail until hearing, if the required bail is not furnished. It 
shall be the duty of the Commonwealth's attorney of the 
several counties to prosecute all violators of this act. 

PART III.- PUBLIC FORESTS. 

(This division comprises (he provisions of law, if any, 
for the establishment and care of State and municipal for- 
ests and nurseries, and for the practice of forestry on these 
and on other lands owned by the State.) 

(1) STATE FORESTS. 

(For other provisions, if any, concerning Slate fon'sts 
and nurseries, see Part I.) 



Si. 



4, Ch. 11)5, L. 1914. 



Management of State forests, and funds. — The 

care, management and preservation of the forest reserves of 
the State hereafter to be acquired and established, and the 
forests thereon, as well as future growth thereon, and all 
moneys appropriated in that behalf, or collected there- 
from in any way, and all personal and real property ac- 
quired to carry out the objects of this act, are hereby made 
subject to the control of the said State geological commis- 
sion as the same may be herein or in subsequent acts de- 
fined and required. 

Sec 5. 

Purcliase of lands— Rules and regulations — Gifts 
of land.s— Mineral and luiuing rights Deeds.— 

Said commission shall have the power to purchase lands 
in the name of the State suitable for forest reserves, at a 
price which shall not exceed ten dollars per acre, using 
for such purposes any surplus money not otherwise appro- 
priated which may be standing to the credit of the forest 
reserve fund, and to make and enforce all rules and regu- 
lations governing State reserves, the care and maintenance 
thereof, the pre^•enting of trespassing thereon, and for the 



conduct of its officers, agents, and employees; and it may 
accept gifts of land and money to the State for forestry 
purposes, the same to be held, protected, and administered 
by said commission as a State forest reserve, and to be used 
so as to demonstrate the practical utiljty of timber culture 
and as a breeding place for game. Such gifts must be 
absolute, except that mineral and mining rights over and 
under land which may be donated may be reserved by 
the donors, and that (hey may be subject to a stipulation 
that the lands .shall be administered as State forest re- 
serve, and the attornej' general of the State is directed to 
see that all deeds to the State lands mentioned above are 
properly executed before the gift is accepted. 

Sec 6. 

Title. — Before completing lh<' purchase of any laud for 
forestry purposes, the attorney general of the State shall 
see to it that a good title thereto is obtained and that the 
deed or deeds therefor are properly executed before pay- 
ment is made of the purchase money. 

Sec 9. 
Sale of Timber— Bids— Proceeds, disposal of.— For 

(he purpose of preserving (he living and growing (imber 
and promoting (he younger grow(h on forest reservations, 
said commission, upon the recommendation of the Stale 
forester, may cause to be designated and appraised so 
much of (he dead, ma(ured, or large growth of trees found 
upon the forest reservations of the State as may be com- 
patible with the utilization of the forest thereon, and may 
sell the same for not less than the appraised value thereof. 
When the appraised value of the trees (o be sold is more 
than one (housand dollars, said commission, before making 
sale thereof, shall receive bids therefor, after notice by 
publication once a week for four weeks in two newspapers 
of general circulation; but said commission shall have the 
right to reject any and all bids and to readvertise for bids. 
The proceeds arising from the sale of the timber and 
trees so sold shall be paid into the State treasury, and 
shall be held as a special fund for the purcha.se of addi- 
tional lands, and shall be paid out in like manner as 
money appropriated for the use of said commission. 

Sec 10. 

Leases, etc., for removal of gas, oil, etc. — Bids — 
Proceeds, disposal of. — The said commission is hereby 
empowered to make and execute contracts and leases, in 
the name of the Commonwealth, for the removal or mining 
of gas, oil, or any valuable minerals that may be found in 
said forestry reservations whenever it shall be made to 
appear to said commission that it would be for the best 
interest of the Commonwealth to make such disposition of 
such gas, oil, or minerals; but before a contract or lease is 
made the same shall be approved by the governor of the 
State, and bids therefor shall be received after notice by 
publication once a week for four weeks in two newspapers 
of general circulation. The said commission shall have 
the right to reject any or all bids and to readvertise for 



6 



STATE FORESTRY LAWS VIRGINIA. 



bids. The acceptod bidder shall give bond with good and 
sufficient surety to the satisfaction of said commission, and 
in such amount as it may fix for the faithful performance 
on his part of all the conditions and covenants of said con- 
tract or lease. The proceeds arising from any such con- 
tract or lease shall be paid into the State treasury, to be 
held and used for the same purpose as the proceeds from 
the sale of trees and timber, and be paid out in like manner. 

Sec. 11. 

Lands not subject to warrant, etc. — WTien lands 
have been acquired by the Commonwealth for forestry pur- 
poses, however the same may have been acquired, they 
shall not thereafter be subject to warrant, survey, or 
patent. 

Sec. 14. 

Nurseries — Seeds and seedlings. — The commission 
may establish and maintain a nursery, or nurseries, for the 
propagation of forest-tree seedlings, either upon one or 
more of the forest reservations of the State, or upon such 
other land as the said commission may and which it is 
hereby empowered to acquire for that purpose. Seedlings 
from tliis nursery shall be furnished to the Commonwealth 
without expense for use upon its forest reservations or 
other public grounds or parks. Seeds and seedlings may 
also be distributed to land owners and citizens of this 
Commonwealth under and subject to such rules and regu- 
lations as may be established by said commission. 

Sec. 21. 
Penalties for violations of rules and regulations. — 

Whoever violates any rule or regulation for the government 
or use of any State reservation or park, or road or boule- 
vard traversing the same, shall, for such offense, be pun- 
ished by a fine of not less than five dollars nor more than 
fifty dollars, and if the person so fined neglects or refuses 
to pay the same, he shall be committed to the jail of the 



county, there to remain until such iine be paid, but not 
longer than one day for each and every two dollars of the 
fine imposed.' 

Sec. 22. 
Fires and Trespass on State forests — Penalties. — 

Any person or persons who shall kindle fire upon any of 
the forestry reservations of this Commonwealth, except in 
accordance with such rules and regulations as may be pre- 
scribed by the said commission, or who shall cut and re- 
move any timber whatever, or who shall do or cause to be 
done any act that will damage forest land or timber be- 
longing to the Commonwealth, shall be guilty of a misde- 
meanor, and, upon conviction thereof, be subject to a pen- 
alty not exceeding five hundred dollars for each offense 
committed, with costs of suit. If the defendant or defend- 
ants neglect or refuse to pay the penalty and costs imposed, 
he or they shall be committed to the jail of the county, 
there to remain until such penalty and costs are paid, but 
no longer than one day for each and every two dollars of 
the fine and costs imposed.' 

(2) OTHER STATE LANDS. 

(Laws which provide merely for the protection of State 
lands other than State forests from fire and from timber and 
other forms of trespass, and for the sale of timber and other 
forest products therefrom, are not included, because their 
intent is not one of forestry.) 

(3) MUNICIPAL FORESTS. 

PART IV. TAXATION. 

(This division comprises the provisions of law, if any, 
covering the classification and taxation of forested lands 
and lands to be forested, the purpose of which is to encour- 
age the practice of forestry by private owners; also such 
bounty and exemption laws as have a like purpose. For 
similar taxation provisions, if any, concerning State or 
municipal forests or other State lands, see Part III.) 

1 For provisions concerning prosecutions, see sec. 2S, on p. 5. 



WASHINGTON : QOVBRNMBNT PELNTING OFFICE : 1916 



Date of issue October 9, 1915. 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 

IDAHO 

(Serial 1— Through Reg. Sess., 1915) 

Compiled in the Office of State Cooperation by Jeannie S. Peyton 
PURPOSE OF COMPILATION 

Information about the forestry laws of the various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more; and requests for 
such information, coming from legislators, State admmistrative officers, forestry associations, 
forest schools, and other bodies and individuals, have led to the compilation, informally, of 
such State laws as bear more or less directly on the practice of forestry. 

The purpose of the compilation, of which tliis serial is a part, is to make easy a compara- 
tive study of the laws of the chfferent States and to further the development of practical for- 
estry legislation. By the classification of the laws and parts of laws under the headings: 
"Administration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, 
and the progress of each State, or lack of it, in these particulars is clearly shown. 

The better to accomplish tliis educational aim, the great mass of timber and tree laws and 
those fuier points of reference proper only to a legal or administrative manual have been 
omitted. 

Sec. 1G04, Rev. Codes, 1908, amended by L. 1909, P. 
227, Sec. 1. 

Fire districts — Fire wardens and deputy fire war- 
dens: Appointment and payment of — Police powers 
of— Abstract of fire laws, with regulations, prepar- 
ing and posting. — The State Boanl of Land Commis- 
sioners ' of the State of Idaho shall divide the State into 
districts to be known and designated as lire districts, hav- 
ing due regard in establishing the boundaries thereof to the 
area of forests or timber lands therein: they shall appoint, 
upon the application of any owner or owners of land or 
other property within the State, one fire warden within 
each of the districts of the State, and such fire wardens, 
so appointed, shall be paid by said property owners apply- 
ing for the appointment of the siinie, and .shall in no case 
be paid by the State, except as hereinafter provided. All 
such appointments shall be made for one year, unless 



PART I.— ADMINISTRATION. 

(This part comprises the provisions of law, if any, 
defining the general administrative duties of the regularly 
constituted State forestry officials: also certain miscella- 
neous forestry provisions. For specific provisions, if any. 
concerning administrative duties of these or other State 
officers in connection with forest fires, State and municipal 
forests and nurseries or other State lands, or forest taxation, 
see Parts II, III, and IV, respectively.) 

PART II.— FIRES. 

(This part comprises the general provisions of law, if 
any, concerning protection from forest fires. For localized 
provisions, if any, concerning protection of State-owned 
lands, see Pivrt III.) 

(1) PROTECTIVE SYSTEM. 

(This subdivision comprises the previsions of law, if any. 
defining the personnel and the administrative duties of 
the State organization charged with the prevention, detec- 
tion, control, and extinguishment of forest fires. For 
specific provisions, if any, concerning similar duties in 
connection with railroad lires, slash disposal, and fallow 
and other fires, see subdivisions (2), (3), and (4), 
respectively.) 

6593°— 15 



1 The state board ot land commissioners is composed of the governor, 
superintendent of public instruction, secretary of state, attorney general 
and state auditor. (Sec. 7, Art. IX., constitution of tlie State of Idaho, 
amendment adopted Nov. 8, 1910; L. 1913, p. 674.) 



gfc' 



^i^p^ 



STATE FORESTRY LAWS IDAHO. 



sooner revoked, and the State Bom-d of Laud ComiuiB. 
sioners may at any time revoke any such appointment, 
upon good cause shown. The &e wardens, so appointed, 
shall appoint, as deputy fu'e wardens, within their respec- 
tive districts, such persons as shall be designated liy such 
owners of land or other property, who shall also be paid by 
the person or persons securing their appointment. Their 
employment shall not be for any definite time, and they 
shall be discharged immediately by the fii'e wai-den of 
their district upon the request of such person or persons at 
whose instance they were appointed. The fire warden 
and deputy lire wai'dens shall have and exercise police 
powers while engaged in performing the duties of their 
rispective offices: Provided, That the State Boai'd of Land 
Commissionars shall prepare an abstract of the penal laws 
relating to forest and prairie fires, together with proper 
regulations and suggestions for the prevention and control 
thereof, and before April first in each year shall forward 
printed copies to all fire wardens, railroad companies, and 
chairman [chairmen] of county boards. The wardens 
shall post such abstract in numerous conspicuous places in 
their respective districts. [L. 1907, p. 18, sec. 1.] 

Sec. 1605, amended by L. 1909, P. 227, Sec. 2. 

Fire wardens and deputy fire wardens: Patrol, 
investigations and reports by— Cooperation be- 
tween — Arrests by — Controlling fires — Impressing 
assistance — Payment for services. — The fire wardens 
shall enforce the jirovisions of this act. They, and the 
deputy fire wardens shall patrol their districts in dry sea- 
sons. They shall promptly investigate each prairie and 
forest fire within their respective districts. Each fire 
warden shall make an annual report to the State Board of 
Land Commissioners of the fires within his respective 
district, together with the cause thereof, the property 
destroyed and its value, the lives lost, if any, and the 
means used to combat such fire, and any additional facts 
required by the State Board. Each warden shall co- 
operate with the warden in the adjoining district, and, in 
his absence, assume control therein. Each may arrest, 
without warrant; any person found violating any pro- 
visions of this act, and take him before a magistrate and 
there make complaint; and, when a warden shall have 
information that such violation has been committed, he 
shall make similar complaint. Wardens shall go to the 
place of danger to control or prevent fires, and, in emer- 
gencies, may employ or compel assistance,' and the com- 
pensation for such service compelled shall not exceed two 
dollars and fifty cents ($2.50) per day, exclusive of sub- 
sistence and reasonable traveling expenses. [L. 1907, p. 
18, sec. 2.] 

Sec. 1611. 

Officers charged with enforcement of law. — The 
State Land Commissioner and his assistants, or land 
appraisers and selectors, game wardens and their deputies, 
and all peace officers of the State, are hereby charged with 



' For penalty for refusing to assist, see sec. 



, on p. 4. 



the enforcement of this chapter, and shall have full power 
to arrest violators of the provisions of this chapter, and 
deliver them to the nearest magistrate to be dealt with 
according to law; and it is hereby made the duty of such 
officers having a knowledge or any violation of the pro- 
visions of this chapter, to file complaint in a court of 
competent jurisdiction against such person. [L. 1907, 
p. 18,sec. 8.J 

Sec. 7, L. 1909, P. 227. 

Kepeal of Sec. 1612.— That Section 1612, Chapter 4 of 
Title 9 of tlie Political Code of the State of Idaho be, and 
the same is hereljy repealed. 

Sec. 8. 

State Board of Land Commissioners to cooperate 
with private owners in carrying out act — Expense: 
State liable for pro rata share of — Payment of. — The 
State Board of Land Commissioners of the State of Idaho 
shall in all things co-operate with the owners of land, 
timber, or other property in this State in carrying out the 
provisions and purposes of this Act, and the State of Idaho 
shall bear and pay its proper pro rata share of the costs and 
expenses of protecting the lands and timber in the State 
against destruction by fire incurred under the provisions 
of this Act according to the area and extent of its land and 
timber holdings throughout the several fire districts of 
this State, and the State of Idaho shall be considered an 
owner of land or other property within the moaning of that 
term as used in this Act, for the purijoses of this Act. 
Such moneys as the State shall thus become liable for shall 
be paid as part of the general expenses of the State Board 
of Land Commissioners and out of the appropriations 
which shall be made by the Legislature for that puqjose; 
and in all ajipropriations hereafter made for general 
expenses of said board account shall be taken of, and 
provision made for this item of expense. 

Sec. 9. 
Fines, division of, to county fund and informants. — 

.\11 fines collected for violations of this act, or any provi- 
sions thereof, shall be disposed of and paid as follows, to- 
wit: Half to the general fund of the county where the 
conviction is had and half to the person or persons fur- 
nishing the information leading to the arrest and convic- 
tion of the person, firm or corporation convicted. 

(2) RAILROAD FIRES.' 

(This subdivision comprises the provisions of law, if any, 
defining the responsibility of railroad and logging com- 
panies, the precautions to be taken by them, and their 
liability for damages occasioned in the operation and 
maintenance of their trains and rights of way; also pro- 
visions concerning the use of spark arresters and other 
safeguaj'ds on traction, thrashing, other portable and saw- 
mill engines, and boilers.) 

1 See also, on p. 3, sec. 3, L. 1909, p. 227, concerning brush and slash 
disposal by fiims and corporations; and sec. 1609, on p. 3, concerning 
closed seasons for setting out brush fli-es by firms and corporations. 



LIBRARY OF CONGRESS 



STATE FORESTRY LAWS IDAHO. 



3 



Sec. 1607, Rev. Codes, 1908, amended by Ch. 98, L. 

1911. 

Spark arresters—Penalty. — It shall be unlawful for 
any person, firm or corporation to use any spark emitting 
locomotive, logging engine, portable engine, traction 
engine, or stationary engine located in a timber district, 
without the use of a good and efficient spark arrester. 
Any por.-ion, firm, or corporation who shall fail to provide 
and use such spark arrester upon any engine, shall be 
guilty of a misdemeanor and upon conviction thereof shall 
pay a fine of not less than Twenty-five Dollars ($25.00) nor 
more than One Hundred Dollars (.$100.00) for each day 
that such engine or locomotive is so used. [L. 1907, \i. IS, 
sw. 4; L. 1909, p. 227, sec. 4.] 

Sec. 1610, amended by L. 1909, P. 227, Sf.c. G. 

Bights of way to be kept clear— Deposits of fire, 
live coals, etc. Trainmen to report fires Instruc- 
tion to employees Warning placards at stations — 
Concentration of help — Penalties. — Every person, firm 
or corporation operating a railroad shall keep the groimd 
for fifty feet on each side of the center of the track, or such 
portion thereof as may be owned or controlled by such 
person, firm, or corporation, clear of combustible materials, 
except ties and other materials necessary for the main- 
tenance and operation of the road, from June first to 
October first of each year.' No person, firm or corporation 
shall permit any of his or its employees to leave a deposit 
of fire, live coals, or ashes in the immediate vicinity of 
woodland or lands liable to be overrun by fire, and every 
engineer, conductor, trainman, or section man discovering 
fire adjacent to the track shall report the same promptly 
at. the first telegraph or telephone station reached by him. 
At the beginning of the close season every such jierson, 
firm or corporation shall give his or its em|iloyees |jarticu- 
lar instruction for the prevention and extinguishment of 
fires, and shall cause warning placards to be conspicu- 
ously posted at every station within this State, and when 
a fire occiu-s near the line of his or its road, shall con- 
centrate such help and adopt such measures as shall be 
available for its extinguishment. Any person, firm, or 
corporation violating any provisions of this section shall 
be guilty of a misdemeanor and shall be subjected to a 
penalty of not more than One Hundred ($100.00) Dollars 
for each offense and any railroad employee violating the 
same shall be guilty of a misdemeanor and shall be 
punished by a fine of not less than Five (J.'i.OO) Dollars, 
nor more than Fifty ($50.00) Dollars. [L. 1907, p. 18, 
sec. 7.] 

(3) SLASH DISPOSAL. 

(This subdivision comprises the provisions of law, if 
any. for slash di.sposal after lumlfcring and other cutting 
oj)erations.) 

Sec. 3, L. 1909, P. 227. 

Brush and slash disposal: Requirements Penalty 
for violation of provisions.- — Any person, firm or cor- 

1 See also sec. 6921, on p. 4, concerning liability of railway companies 
tor permitting fires to spread from their rights o! way to adjoining lands. 



poration engaged in the cutting and removing of timber, 
logs, ties, telegraph poles, wood, or other forest products 
from lands within the State of Idaho, shall pile and burn 
or otherwise dispose of the brush, limbs, tops, and other 
waste material incident to such cutting, which are four 
inches or under in diameter, and the times and methods of 
so doing .shall be jjrescribed by tlie warden of the fire dis- 
tricts in which said cutting shall be done.' Any person, 
firm or corporation violating the provisions of this Act or 
refusing to conform to any rules made by the warden of 
any fire district of the State of Idaho relative to the time, 
place and manner of burning or disposing of brush, limbs, 
tops, and other waste mat?rial incident to the cutting of 
timber, logs, ties, telegraph poles, wood or other products, 
shall bo guilty of a misdemeanor and upon conviction 
thereof be subject to a fine of not less than One Hundred 
($100.00) Dollars nor more than Five Hundred ($500.00) 
Dollars, or be imprisoned in the County .Tail of the county 
in which the offense occurs, for not less than thirty days 
and not to exceed six months, or lie subjected to both 
such fine and imprisonment. 

Sec. 1606, Rev. Codes. 190S. 

Permits to set out fires: Season for — Require- 
ments under — Revoking or postponing. — It shall be 
the duty of the fire warden of each fire district to issue 
written or printed permits during permit season, to any 
and all persons named in an application to set out fires. 
Said ajiplication shall state the general de.scription of the 
land upon which it is desired to set out fire.s and the extent 
of the slashing or burning desired to be Inirned. Said 
permit season .shall be from June first to October first of 
each year. Said permits shall fix the time for .setting out 
fires on any three consecutive days therein named, and 
not less than ten days from the date of such permit, and 
such fires shall be set at no time when the wind is blowing 
to such an extent as to cause danger of the same getting 
beyond the control of the person setting out said fire, or 
without sufficient help present to control the same, and 
the said fire shall be watched by the person setting out 
the fire until the same is out. Upon granting said permit 
the fire warden shall be present at said proposed burning, 
or notify, at the earliest possible moment, some qualified 
and acting deputy fu-e warden in the vicinity of said pro- 
posed burning to be present thereat, and upon good cause 
may revoke or postpone said permit upon notice to said 
applicant. [L. 1907, j). 18, sec. 3.] 

Sec. 1009, Rev. Code.s, 1908, amended by L. 1909, P. 

227, Sec. 5. 

Closed season for setting out fires without per- 
mit — Precautions — Penalty — Back fires — Record of 
permits. — The period from June first to October the first 
in each year shall be known a.« the doseil season, during 
which time it shall be unlawful for any camper, fai'raer, 
logger or other individual, firm or corponition, to set out 
or cause to be set out, tires in slashings, down or fallen 
timber, or on timber lands or in the vicinity of grain fields. 

I See also sec. 1589 (d), on p. 5. 



STATE FORESTRY LAWS IDAHO. 



for the purpose of clearing land of brush, grass, or other 
inflammable material without first obtaining a permit in 
writing, or print, from the fire warden of the district as 
pro\'ided in Section 3 of this Act, and at no time shall any 
fire be set out when the wind is blowing to such an extent 
as to cause danger of the same getting beyond the control 
of the person setting out such fire, or without sufficient 
help present to control the same; and the same shall be 
watched by the person setting the fire until the same is 
out. Any person violating any of the provisions of this 
section shall be punished by a fine of not less than One 
Hundred ($100.00) Dollars, nor more than Three Hundred 
($300.00) Dollars, or by imprisonment in the county jail 
not less than one month nor more than six months; Pro- 
vided. That this Section shall not apply to any person or 
persons setting out back fires for the purpose of stopping 
or checldng a fire then burning. The fire warden shall 
keep a complete copy of ])erraits issued. [L. 1907, p. 
18, sec. 6.] 

(4) FALLOW AND OTHER FIRES. 

(This subdivision com])rises the provisions of law, if 
any, concerning the burning of fallow, brush, etc., by 
farmers, and the general setting of fires to woods by hun- 
ters, fishermen, and others.) 

Sec. 1606, Rev. Codes, 1908. 

Permits to set out fires: Season for — Require- 
ments — Revoking or postponing. — (For text of these 
provisions, soo this section on p. 3.) 

Sec. 1G09, Rev. Codes. 1908. 

Closed season for setting out fires without per- 
mit — Precautions — Penalty — Back fires — Record of 
permits. — (For text of these provisions, see this section 
on p. 3.) 

Sec. 1608. 

Failure or refusal to perform duty — Neglect to 
extinguish fires — Use of other than incombustible 
Tvads, naked torch, etc. — Destruction of notices — 
Penalty. — Every warden or deputy warden, and every 
person lawfully commanded to assist in enforcing any of 
the provisions of this chapter, who shall unjustifiably 
refuse or neglect to perform his duty; every person who 
shall kindle a fire on or near to forest or prairie land and 
leave it unextinguished, or be a party thereto; every per- 
son who shall use other than incombustible wads for fire- 
arms, or carry a naked torch, fire brand or exposed light 
in or near to forest land; and every person who shall 
deface, destroy or remove any abstract or notice posted 
under this chapter, shall be guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine of 
not less than ten dollars rtor more than one hundred dol- 
lars. [L. 1907, p. 18, sec. 5.] 

Sec 6921. 

Firing timber or prairie lands — Camp fixes — Rail- 
road fires — Penalty. — Any person who shall wilfully or 
carelessly set on fire, or cause to be set on fire, any timber 
or prau-ie lands In this State," thereby destroying the 



' See also sec. 1607, on p. 3. 



timber, grass or grain on any such lands, or any person who 
shall build a camp fire in any woods, or on any prairie, 
and leave the same without totally extinguishing such 
fire, or any railway company which shall permit any fire 
to spread from its right of way to the adjoining lands,^ is 
guilty of a misdemeanor. [Rev. Stat., 1887, sec. 6921.] 

Sec. 1926. 
Notice concerning camp fires — Cost of — Posting. — 

It is the duty of the board of county commissioners of each 
county in this State, to cause to be erected in a conspicuous 
place at the side of each public highway, and at such 
places as they may deem proper, a notice in large letters, 
substantially as follows: 

"Camp fires must be totally extinguished before break- 
ing camp, under penalty of not to exceed six months 
imprisonment, or three hundred dollars fine, or both, as 
provided by law. 

"(Signed.) , 

"County Commissioner." 

The erection and maintenance of such notices shall be 
at the expense of the respective counties, and at least ten 
in number of such notices shall be posted in each and every 
county in this State. [Rev. Stat., 1887, sec. 1792.] 

PART III.— PUBLIC FORESTS. 

(This part comprises the provisions of law, if any, for 
the establishment and care of State and municipal forests 
and nurseries, and for the practice of forestry on these and 
on other lands owned by the State.) 

(1) STATE FORESTS. 

(For other provisions, if any, concerning State forests 
and nurseries, see Part I.) 

(2) OTHER STATE LANDS. 

(Laws which provide merely for the protection of State 
lands other than State forests from fire and from timber 
and other forms of trespass, and for the sale of timber and 
other forest products therefrom, are not included because 
their intent is not one of forestry.) 

Sec. 1588, Rev. Codes, 1908. 

Preservation of trees on State lands. — No trees 
standing on lands of the State, which lands when cleared 
of trees will not be suitable for cultivation and raising 
crops, and no trees needed to conserve the snows, ice, or 
water of any irrigation district, shall be cut from any part 
of the public lands belonging to the State, except as 
hereinafter provided. [L. 1905, p. 14.5, sec. 1.] 

Sec. 1589. 

Application for permit to cut trees. — Any person 
desiring to cut trees upon any lands owned by the State 
shall make application in writing to the Register of the 
State Board of Land Commissioners, which application 
shall contain: (a) A complete legal designation of the lands 
upon which it is desired to cut trees; (b) the purpose for 
which such trees are to be used; (c) that he will carefully 
protect from fires or other damage all trees less in size than 



2 See also sec. 1610, on p. 3. 



STATE FORESTRY LAWS IDAHO. 



those desired to cut; (d) that he will entirely remove, as 
directed by the State Board of Land Commissioners, all 
cut trees and their branches in such manner that fires may 
not consume the smaller trees '; (e) that such trees as are 
desired for use are not necessary for the conservation of 
the irrigation waters of any irrigation watershed, or that 
the same are on lands of the State, which lands when 
cleared of trees wiU not be suitable for cultivation and 
raising of crops. [L. 1905, p. 145, sec. 2.] 

Sec. 1593. 

Action by State Board of Land Commissioners on 
applications— Regulation of cut. — Upon the expiration 
of the time fur filing proti'sts as provided in this article,^ 
the Register of the Stale Board of Land Commissioners 
shall refer all papers to said board, who may, thereupon, 
and under such conditions as to the payment of the cost 
of such proceeding as they may impose, cause the lands 
designated in the application and the tret s growing thereon 
to be inspected, and, if deemed best, such trees to be ap- 
praised, and may refer all papers to the State Land Com- 
missioner, who shall thereupon, personally or by his assis- 
tants, inspect the designated lands and the trees growing 
thereon, and, if directed by the board, shall appraise the 
same and report in writing to the board. The board shall 
consider said protest or protests and the report of the State 
Land Commissioner or his assistants, and shall decide that 
such trees may be properly disposed of, or against allow- 
ing the same to bo done. But no trees less than twelve 
inches in diameter, two feet above the ground, shall be 
allowed to be cut by any person whomsoever; except that 
for mining and fencing purposes, trees may be cut not less 
than five inches in diameter, for use within the county 
where cut. [L. 1905, p. 145, sec. 6.] 



' See also, on p. 3, sec. 3, L. 1909, p. 227. 

2 "This article" contains sees. 15SS-1598. 



Sec. 1596. 
Definition of tree — Preservation of tree growth. — 

For the purpose of this article ' the word "tree" shall be 
held to mean all vegetable growth of a woody texture of 
any size whatsoever. No lands contemplated in this arti- 
cle shall be leased for any purpose whatsoever that will de- 
stroy the tree growth. [L. 1905, p. 145, sec. 9.] 

Sec. 1597. 

Violation of provisions, penalty. — Any person vio- 
lating any of the provisions of this article ' shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall 
be fined in the sum of not less than ten nor more than one 
hundred dollars, or be punished by imprisonment of not 
less than sixty days, or by both fine and imprisonment, as 
the coiu't may direct. Suit may also be brought in the 
name of the State whenever such damage has been caused 
by any violation of the provisions of this article,' by any 
person or persons engaged in anj' business or pleasure pur- 
suit whatever. [L. 1905, p. 145, sec. 14.] 

Sec 1598. 

County attorneys to prosecute. — The prosecuting at- 
torneys of the various counties of the State are hereby 
directed to prosecute in the name of the State all cases 
arising under this article.' [L. 1905, p. 145, sec. 15.] 

(3) MUNICIPAL FORESTS. 

PART IV.— TAXATION. 

(This part comprises the provisions of law, if any, 
covering the classification and taxation of forested lands 
and lands to be forested, the piu'pose of which is to en- 
courage the practice of forestry by private owners; also 
such bounty and exemption laws as have a like purpose. 
For similar taxation provisions, if any, concerning State 
or municipal forests, or other State lands, see Part III.) 



'This article" contains sees. 158S-159S. 



WASHINGTO.V : GOVERNMENT PRINTING OFflCE : lOlS 



Date of issue. October 11, Wl.i. 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation. 

OREGON 

(Serial 1— Through Reg. Sess., 1915) 

< ompilcd in the Office of State Cooperation by Jeannie S. Pej'ton 
PURPOSE OF COMPILATION 

Information about the forestry laws of the various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more; and requests for 
such information, coming from legislators. State administrative officers, forestry associations, 
forest schools, and other bodies and individuals, have led to the compilation, informally, of 
such State laws as bear more or less directly on the practice of forestry. 

The purpose of the compilation, of which this serial is a part, is to make easy a compara- 
I ive study of the laws of the different States and to further the development of practical forestry 
legislatioli. By the classification of the laws and parts of laws under the headings: "Adminis- 
tion," "Fires," "PubHc Forests," and "Taxation," the comparison is simplified, and the prog- 
ress of each State, or lack of it, in these particuliirs is clearly shown. 

The better to accomphsh this eduactional aim, the gi'eat mass of timber and ti-ee laws and 
those finer points of reference proper only to a legal or administrative manual have been 
omitted. 

PART I.— ADMINISTRATION. tion, each to select and name one of such electors. In the 

absence of such recommendation the Governor shall never- 
theless appoint said electors. Said Board of Forestry shall 
supervise all matters of forest policy and management 
under the jurisdiction of the State, and approve claims for 
expenses incurred under the provisions of tliis act. The 



(This part comprises the provisions of law, if any, 
defining the general administrative duties of the regularly 
constituted State forestry officials; also certain miscel- 
laneous forestry provisions. For specific provisions, if 
any, concerning administrative duties of these or other 
State officers in connection with forest fires, State and 



ota^ie Uiut.fi.'^ Ill ruiiut^ijiiuii Willi lunj-SL iiit;a, oiaii,' Liiiu , ^ ■ j i-» i i ii • „ i- r 

municipal forests and nurseries or other State lands, or i memliers ot said Board shall receive no compensation for 
forest taxation, see Parts II, III, and IV, respectively.) their services thereon but shall be enUtled to actual trav- 
eling expenses which may be incurred in attending Board 
SEC. 1, Ch. 278, L. 1911. meetings. 

State Board of Forestry: Personnel Appoint- g^^j^j g^^^^j gj^j^jj ^^^^ ^t any convenient place in the 
ment-Powers and duties-Meetings. -There shall [ gj^tg ^p^^ j^e call of the Governor or its secretary. 



be a State Board of Forestry, consisting of the Governor, 
the acting head of the Forest School of the Oregon Agri- 
cultural College, and five electors of the State of Oregon, 
to be appointed by the Governor from and upon the 



A majority of said Board .shall constitute a quorum. 

Sec. 2. 

State Forester: Appointment — Qualifications- 



authoritative recommendation of the Oregon State Grange, j Term of service— Salary— Appointment by, of 
the Oregon Forest Fire Association, the Oregon and Wash- : deputy— Expenses— Powers and duties, in general— 
ington Lumber Manufacturers' Association and the United Secretary to Board of Forestry— Report by— When 
States Forest Service, and Oregon Wool Growers' Associa- I deputy to act for.— The State Board of Forestrj' shall 

6592—15 







■A 



STATE FOKESTEY LAWS — OBEGON. 



appoint a State Forester, who shall be a practical forester (i) PROTECTIVE SYSTEM, 

familiar with western conditions and experienced in [ (This subdivision comprises the provisions of law, if any, 
organization for the prevention of forest fires-. He shall i defining the personnel and the administrative duties of the 
hold office at the pleasure of said Board, who shall also ! State organization charged with the prevention, detection, 
, ^ n il- »■/.** 1 41, I control, and extinguishment of torest fires, ror specinc 

have power to hx his compensation at not to exceed three i pro^igjo^g^ if any, concerning similar duties in connection 
thousand dollars (.$3,000) per annum. He shall be author- ^vith railroad fires, slash disposal, and fallow and other 
ized and empowered to appoint a deputy whose salary I fires, see subdivisions (2), (3), and (4), respectively.) 
shall be fixed by the State Board of Forestry at not to 



exceed eighteen hundred dollars (.?1800) ^er annum. He 
shall be allowed necessary office and contingent expenses, 
including clerical help, and he and his deputy shall be 
paid actual traveling and field expenses wliich ma^' be 
incurred in the performance of theu' official duties. He 
shall, under the supervision of the State Board of Forestry, 
execute all matters pertaining to forestry witliin the juris- 
diction of the State; appoint and instruct fire wardens as 
provided for in this act; direct the improvement and pro- 
tection of gtate forest lands; collect data relative to forest 
conditions; take such action as is authorized by law to 
prevent and extinguish forest, brush, and grass tires; 
enforce all laws pertaining to forest and brush-covered 
land and prosecute for any violation of said laws; co-oper- 
ate with land owners, counties or others in forest protec- 
tion; advise and encourage re-forestation; and publish 
such information on forestry as he may deem wise. He 
shall act as secretary of the State Board of Forestry and 
prepare annually a report to the Governor on the progress 
and condition of State forest work, containing recommenda- 
tions for improving methods of forest protection, manage- 
ment and reproduction within the State of Oregon. Dur- 
ing the State Forester's absence or disability, all his 
authority shall be exercised Ijy his deputy. 

Seo. 17. 

County Boards of Commissioners: Appropriations 
by, for forest protection — Expenses incurred. — 
County boards of commissioners may appropriate money 
for forest protection under the provisions of this act and 
expenses incurred by any county board of commissioners 
in accordance therewith shall be a proper county charge. 

Sec. 18. 

Appropriation — Secretary of State to audit 
claims. — » * * xhe Secretary of State is hereby au- 
thorized and directed to audit all duly approved claims 
which have been incurred in pursuance of this act and the 
foregoing appropriation and to draw his warrant on the 
State Treasurer in the payment thereof out of the appro- 
priation made by this act or other appropriation from 
which the same may be determined to be payable. 

Sec. 20. 

Repeal.— That Sections bbOS, ooOa, .5510, 5511, 5512, 
5513, 5514, 5515, 5516, 5517, 5518, 5519, 5520, and 5521 of 
Lord's Oregon Laws are hereby repealed. 

PART IL— FIRES. 

(This part comprises the general jirovisious of law, if 
any, concerning protection from forest fires. For localized 
provisions, if any, concerning protection of State-owned 
lands, see Part III.) 



Sec. 3, Ch. 278, L. 1911. 

Fire wardens, special: Voluntai-y, or under pri- 
vate or county compensation — State and county 
officials to serve as — National Forest officers, a 
officio wardens — Additional wardens; expenses of, 
how paid. — Under such general policy as to quali- 
fications, numbei's, and localities as the State For- 
ester shall deem wise, he shall appoint suitable and proper 
citizens fire wardens who shall have all the powers given 
to fire wardens under this act, but shall serve voluntarily 
or under compensation by property owners or counties. 
State and county officials whost duties make their ex- 
offido services as fire wardens especially desirable as a 
convenience to the public, shall accept appointments as 
such when formally requested by the State Board of 
Forestry. Upon the recommendation of federal forest 
supervisors, the State Forester shall appoint resident 
officers of the national forest[s] ex officio fire wardens. In 
times or localities of particular fire danger, or to enforce 
the fire laws or apprehend and prosecute violators thereof, 
the State Forester shall have power to appoint and em- 
ploy, either independently or jointly with other agencies, 
such additional fire wardtns, and to furnish these such 
assistance and facilities for protecting life or property 
from fire, as he shall deem public safety demands, and 
unless contributed by other sources, the cost thereof shall 
be paid from the funds appropriated by this act, but each 
county in which such service is given shall be responsible 
for one-third the expense thus actually incurred and paid 
by the State for services within said county and upon 
demand by the State Treasurer shall pay the amount thus 
due into the State treasury, to be credited to tlie fund 
appropriated by this act. 
Sec. 4. 

Fire districts — District fire wardens and wardens 
thereunder. — The State Forester shall, with the advice 
of property oisTiers or agents or counties desiring to co-op 
crate in forest protection, designate suitable areaa to be 
official fire distri9ts. He may appoint for each district 
one or more district fire wardens to be paid as other fire 
wardens under this act and to serve until their appoint- 
ments are revoked by their employers' request or by the 
State Fnrester for good cause showTi. Upon written notice 
to the State Forester by the person or authority upon 
whose recommendation any other fire warden is appointed, 
said fire warden shall be subject to the direction of the 
proper district fire wardbn. 
Sec. 6. 

Fire wardens: Powers and duties, in general — Ar- 
rests by — Penalty for failiu-e to discharge duties. — 
All fire wardens appointed under this act shall, under 



LlBf^ARY OF CONGRESS 



STATE FOBESTBY LAWS OREGON. 



instructions from the State Forester as to their exercise of 
State authority, take proper steps for the prevention and 
extinguishment of fires within the localities in wliich they 
exercise their functions, assist in apprehending and con- 
victing offenders against the fire laws, control the use of 
fire for clearing land in the closed season as provided in 
Section 8 [7 '] of this act, and make such reports of their 
work and condiuons within their localities as may be 
ri'quested by tlie State Forester. They sliall have the 
power of peace officers to make arrests for violation of 
forest laws. They shall have power to enter upon the 
lands (if any per.son or owner in the discluu-ge of their 
duties; provided, that in so entering they shall exercise 
due care to avoid doing damage. Any fire warden who 
haa information which would show, with reasonable cer- 
tainty, that any person has violated any provision of the 
forest laws, shall immediately take action against the 
(ilfender. either by using his own power as a peace officer 
or by making complaint before the proper magistrate, or 
by the filing of information with the district attorney, 
and shall obtain all possible evidence. Failure on the 
part of any fire warden receiving compensation to comply 
with the duties prescribed by this act shall be a misde- 
meanor and punishable by a fine of not less llian twenty 
dollars ($20), nor more than two hundred and fifty dollars 
($250), or by imprisonment in the county jail for not less 
than ten (10) days nor more than three (SI months, or 
both such fine and imprisonment.- 

Sec. J, Ch. 90, L. 1913. 

Cotinty Judges, ex oflacio fire wardens -Duties, in 
general — Permits for burning slashings, brush, etc. — 
That every county judge within the State of Oregon is ex 
officio a fire warden and shall have all the rights and powers 
and perform all the duties of a regularly appointed fire 
waiden, within the boundaries of his county, as such 
rights, powers and duties are provided and defined by the 
General Laws of Oregon. Every such county judge is 
hereby authorized to issue and revoke permits for burning 
slashings, choppings, wood lands and brush lands between 
.Tune 1st and October Ist of each year.^ 

Sec. 2. 

Notice to neighbors, under permits. — Ever>' person 
to whom such a permit is issued shall give at least twenty- 
four hours notice to each resident owner of adjoining lands, 
of the time when he intends to set fire in accordance with 
his permit. 

Sec. 1, Ch. 247, L. 1913. 

Fire patrol: Owners of timber land to provide, 
when.— Every owner of timber land in the State of 
Oregon shall furnish or provide a sufficient fire patrol there- 



' Sec p. 5. 

2 For further provisions concerning damages, fines, and prosecutions 
for violations ol tliis act (cli. 27i, L. 1011), see sees. 13, 14, 15, oil p. 6. 
' See also see. 7, ch. 278, L. 1911, on p. 7. 



for, during the season of the year when there is danger of 
forest fires, which patrol chall meet with the approval of 
the State Board of Forestry. 

Sec. 2. 

Fire patrol: State Forester to provide, when — 
Expense of, how paid. — In case any owner or owners 
shall fail or negloct to provide such fire patrol, then the 
State Forester, under direction from the State Board of 
Forestrj', shall provide the same at a cost not to exceed 
five (5) cents i)er acre per annum. Any amounts so paid 
or contracted to be paid by the State Forester, shall be a 
lien upon the property, and shall be reported by the State 
Forester to the county court of the county in which such 
lands are situated, and shall by such court be levied and 
collected with the next taxes on such lands in the same 
manner as taxes are collected. Said county court shall 
instruct the proper officer to extend the amountfi on the 
assessment roll in a separate column, and the procedure 
provided by law for the collection of taxes and delinquent 
taxes shall be applicable thereto, and upon collection 
thereof, the county court shall repay the same to the State 
Forester to be applied to the expenses incurred in carrying 
out the provisions of this act. 

Sec. 3. 

Timber land defined. — For the purposes of this act, 
any land shall be considered timber land which has 
enough timber standing or down, to constitute, in the 
judgment of the State Board of Forestry, a fire menace to 
itself or adjoining lands. 

Sec. 4. 
Residence in vicinity to constitute patrol. — -The 

owner of any land coming under the provisions of this act, 
who shall reside within one and one-half miles of said land, 
shall be considered, by vdrtue of said residence, to maintain 
a sufficient fire patrol, and shall not be compelled to main- 
tain additional patrol on such land . 

Sec. 5. 

Adequate fire patrol defined. — For the purposes of 
this act, an adequate fire patrol shall be construed to mean 
one equal to that maintained by 50 per cent of timber 
owners in the same locality, or under similar conditions 
in other localities, who are in good faith patrolling their 
land against fire. 

Seo. 16, Ch. 278, L. 1911, amended by Ch. 69, L. 1915. 
Penalty for destroying posted notices. — Any person 
who shall wilfully destroy or injure any notice posted in 
compliance herewith shall be punished with a fine not 
less than ten dollars ($10), nor more than fifty dollars ($50), 
or by imprisonment for one day for each two dollars ($2) 
of such fine imposed in case of his neglect or refusal to pay 
such fine.' 



1 For further provisions concerning damages, fines, and prosecutions 
for violations of this act (ch. 27S, L. 1911), see sacs. 13, 14, 15, on p. 6, 



STATE FOEESIBY LAWS^^OKEGON. 



(2) RAILROAD FIRES. 

(This subdivision comprises the provisions of law, if any, 
defining the responsibility of railroad and logging compa- 
nies, the precautions to he taken by them, and their lia- 
bility for damages occasioned in the operation and mainte- 
nance of their trains and rights of way; also provisions con- 
cerning the use of spark arresters and other safeguards on 
traction, thrashing, other portable and sawmill engines, 
and boilers.) 

Sec. 10, Ch. 278, L. 1911. 

Spark arresters on engines: Required, when — 
Penalty — Prima facie evidence — Injunction against 
further use. — From June 1st to October 1st of each year 
it shall be unlawful for any person, firm or corporation, 
or employee thereof, to use or operate any locomotive, 
logging engine, portable engine, traction engine or sta- 
tional-y engine using fuel other than oil, in or near forest 
or brush land, which is not i)rovided with an adequate 
spark arrester kept in constant use and repair. Any per- 
son, firm or corporation who shall wilfully fail to comply 
with the foregoing provisions of tliis section shall be guilty 
of a misdemeanor, and upon conviction thereof shall pay 
a fine for each engine or locomotive without such spark 
arrester of not less than twenty-five dollars (■|25), nor more 
than one hundred dollars ($100), and shall be enjoined, 
from further use of such engine or locomotive until such 
spark arrester is provided. Escape of fire from any engine 
shall be prima Jacie evidence that such appliance has not 
been adequately maintained in compliance with this 
Section. Upon i>roof that any prosecution has been in- 
stituted under this section by any fire warden, any court 
of competent jurisdiction shall enjoin the further use of the 
ehgine involved, unless equipped and maintained in com- 
pliance with this section to the satisfaction of Kiid fire 
wdjden, until the defeiidant has been accjuitted of the 
charge preferred.' 

Sec. 11. 

Burning of slashings, and clearing of rights of way 
by corporations and others — Penalty — Action by 
forest officers. — (For text of these provisions, see this 
section on this page.) 

Sec. 6984, Lord's Ouegon Laws, 1910. 

Kights of way: Mowing. — The right of way of all rail- 
roads in the State of Oregon east of the Cascade mountains 
shall be mowed each year between the first day of .Tune 
and the first day of July. [L. 1909, ch. 150, sec. 1. 

Sec. 6985. 

Rights of way: XTpon failure to mow, action by 
adjacent owners — Collection of cost. — If any railroad 
company or corporation owning or operating a railroad over 
said right of way .shall neglect or refuse to cause their right 
of way to be mowed as provided in the foregoing section 
any person occupying or owning the land adjoiiiiug the 



' For further provisions concerning damages, fines, and prosecutions 
lor violations oJ this act (ch. 278, L. 1911), see sees. 13, U, 15, on p. 6. 



I said right of way may, after said first day of July, cause 
the portion of said right of way adjoining said land, occu- 
pied or owned by such person, to be mowed, and shall re- 
ceive for such work the reasonable value thereof, to be fixed 
by the county judge, who shall certify to the value of such 
work, and said certificate shall be filed with the county 
clerk, and the said certified bill shall be charged to said 
company and collected for said portion in the isme manner 
and at the same time as general taxes are collected. (L. 
1909, ch. 150, sec. 2.] 

(3) SLASH DISPOSAL. 

(This subdivision comprises the provisions of law, if 
any, for slash disposal after lumbering and other cutting 

operations.) 

Sec 5, Ch. 278, L. 1911. 

Public nuisance: When forest or cut-over land 
with inflammable material on it constitutes — Ac- 
tion by State Forester. — Any and all inadequately pro- 
tected forest or cut-over land adjoining, lying near, or 
intermingled with other forest land and covered wholly 
or in part by inflammable debris or otherwise likely to 
further the spread of fh-e, wljich by reason of such location 
or condition or lack of protection endangers life or property, 
is hereby declared to be a public nuisance and whenever 
the State Forester shall learn thereof he shall notify the 
owners or persons in control or possession of said land, re- 
([uesting them to take proper steps for its protection and 
advising them of means and methods to that end. 

Sec. 7. 

Slash disposal: Closed season — Permit reqtiired — 
Penalties. — (For text of these provisions, see this secti#i 
on p. 5.) 

Secs. 1, 2, Ch. 90, L. 1913. 

Slash disposal during closed season: County 
Judges may issue and revoke permits — Notice to 
neighbors under such permits. — i l''or text of the pro- 
visions, see these sections en p. 3.) 

Sec 11, Ch. 278, L. 1911. 

Burning of slashings, and clearing of rights of 
way — Penalty — Action by forest officers. — .\11 per- 
sons, firms or corporations engaged in logging, or permit- 
(ing logging upon tlieir lands, in this State, shall each year, 
bm-n their annual slashings, by which is meant the lops 
and inflammable refuse left after lumbering, that may 
carry fire or cause it to spread, at such time and in such 
manner and with such provi ion of help as will confine the 
fire to their own lands, and if such burning is done between 
June I and October 1 shall first cut down all dead trees or 
snags over twenty-five (25) feet liigh. Builders of trails, 
roads, or railroads in this State shall immediately destroy 
or remove all inflammable material resulting from con- 
structing or clearing for such improvements unless pre- 
vented under the provisions of Section 8 (7'] of this act. 



■ See p. S. 



SIAXE FOKESIBY LAWS — OBEGON. 



Any person, firm, (ir corporation operating a railroad in this 
State with coal or wood fuel sliall annually, or when so 
directed by the State Board of Forestry, and in a manner 
and to an extent directed by said Board, destroy or remove 
all inflammable material from the right of way of said luil- 
road . All burning under the provision of tliis section shall 
be in accordance with the provisions of Section S [7'] of this 
act. Refusal or neglect to comply with the provisions of 
this section shall be punished by a tine of not less than one 
hundred dollars (flflO), nor more than one thotisand dollan* 
($1,000) for each offense; provided, that the State Forester, 
with tlie consent of the Board of Forestry, may suspend the 
restrictions or [of] this section when and where he deems 
public safety so permits or requires. It is further /iroviJed, 
that in tlte absence of such suspension, and in case of refusal 
or neglect by any person or persons at fault, after proper 
notice, to take the precautions against fire required by this 
section, the State Forester, or district tire warden acting 
with his coneent, may have the work done to the extent he 
deems requisite to public safety, and the cost thereof and 
the expense of any fire palml rendered necessary by the 
ilelay sliall be recoverable from the offender by action for 
debt.^ 

(4) FAIXOW AND OTHEK FIRES. 

(This subdivision com]]rises the provisions of law, if any, 
ronrerning the burning of fallow, brush, etc., by fai'mers, 
and the general setting of fires to woods by hunters, lish^ 
erraen. and others.) 

Sec. a. Cm. '278, L. 1911. 

Fofeat or cut-over land with inflammable material 
on it: When a public nuisance — Action by State 
Forester. — (For text of these provisions, see this section 
OB p. 4.) 

Sec. 7. 

Burning -woodland, brush land, slashings, etc.: 
Closed season for — Permits required, conditions of- 
Penalties — Governor may suspend permits — Open 
season tor hunting suspended, when. — During Ihi^ 
|)eriod between ,Tuuc 1st and October 1st, which is hereby 
designated the closed season, it shall be unlawful for any 
person or persons to set on tire, or catvse to be set on fire, 
any slashing, chopping, woodland or brush land, either 
his or their own or the property of another, without written 
or ]iriuted permission from a fire warden' and comijliance 
with the terms thereof which shall prescribe the conditions 
npon which the permit is given and which are necessary 
to bo observed in setting such tu'e and to prevent it from 
sjireading so that life or pr«ji,erly of another may be 
endangered thereby. This restriction shall not apply to 
the burning of log piles, stumps or brush heai)s, in small 
quantities, under adequate precau.tions and personal ( on- 
trol, and in accordance with any regulations which may 



: See sec. 7, this page. 

2 For turllier provisions concerning damages, fines, and prosecutions 
fOir violatioas ot tliis act (ch. 278, L. 1911), see sees. 13, 14, l.S, on p. 6. 
1 See Also sees. 1,2, cb. BO, L. 1913, on p. 3 



be adopted by the State Board of Forestry for the purpose 
of insuring public safety; but if any such burning without 
permission shall result in the escape of tire and injury to 
the property of another, this shall be held prima facie 
evidence that such burning was not safe and was a viola- 
tion of this section. Violation of these ])rovisions shall be 
punished by a tine of not less than twenty-five dollars ($25). 
nor more than five hundred doU.irs ($500;, or b;, it. pris- 
onmentof not less than ten (10) <layH nor moreth.in three 
!.^) months.' Permits to burn, as provided by this section- 
may be issued by any fire warden, and shall contain such 
safegtuirding restrictions as to time of burning and pro- 
caution to be taken as may be tixod by the State Forester 
or left by him to the discretion of fire wardens. .\ny fire 
warden shall have the right to refiisp. revoke or postpone 
permits when necessary to prevent danger to the life or 
property of another. Any permit obtained through wilful 
misrepresentation .shall bs iu\alid and give no exemptioli 
from liability of any kind. In times and localities of 
unusual firi danger, the Governor, witli the advi''3 of the 
State Forester, may Buspend any or all permits or privi- 
leges authorized by this section and prohibit al).solutely 
the use of fire herein mentioned. Whenever, or wherevgr, 
during an open syason for the hunting of luiy kind of game 
in this State, it shall aj^paar to the (iovemor upon the 
showing of the State Forester that l)y reason of extreme 
drought the use of firearms or tire by hunters is liable to 
cause forest fires, he may by proclamation, suqinnd the 
open season and make it a closed season for the shooting 
of wild biids and animals of any kind for such tinle ive he 
may designate, and during the time so deeignated all 
proviaions of law relating to closed seasons for game shall 
be in force. 

Seo. 8. 

Setting on hre woods, brush, etc., on lands of 
another: Penalties — Back fires— Camp fires. — Any 
])erson who sets ou fire, or causes to be set on lire, any 
woods, brush, grass, grain, stubble, or other material lieing 
or growing on any lands not his own, without permission 
from the owner, or who wilfully or negligently allows fire to 
escape from his own land, or any one who accidentally sets 
any fire on his own land or another's and allows it to escape 
from his control without extinguishing it, or using every 
effort to do so, shall be punished by a fine of not less than 
fifty dollars (^oO), nor more than one thousand dollars 
(.•jliOOO), or imprisonment for not less than one (1) month nor 
more than one (1) year; provided, that it shall be lawful to 
build, in a careful manner, camp fires on any unindosed 
lands, the owner of which has not forbidden such building 
of camp tires thereon by personal notice or by posting such 
prohibition in conspicuous places or otherwise, if, before 
departing from the place which [where] such camp fire has 
been built, the builder of such tire totally extinguishes the 
same; and provided further, that nothing in this section 

' For further provisions concerning damages, fines, and prosecutions 
(or violations of this act (ch. 27S, L. 1811), see sees. 13, 14, 15, on p. 6. 



STATE FOKESTHY LAWS— OBEGON. 



shall apply to the setting of a back fiye, in good faith, to 
prevent the progress of a fire then burning.' ■ 

Skc. 9. 

Camp fires — Incombustible gunwadding — Penal- 
ties. — Any person who builds a camp fire upon lands 
within this State, not his own, without clearing the gi'ound 
immediately around it froi^ fruui material wliich will (,'arry 
fire, or who leaves thereon a camp lire burning and unat- 
tended, or who permits a camp fire to spread thereon, or 
wjio uses in any firearms discharged thereon other than 
incombustible gunwadding, shall be punished by a fine of 
not lece than twenty-five dollars ($25), nor more than five 
hundred dollars ($5(J(l), and upon refusal or neglect to pay 
the fine and costs imposed shall be imprisoned (or a period 
not to exceed on< day for every two dollars ($2.00) thereof, 
or may be subject to both such fine and imprisonment at 
the discretion of the court.' 

Sec. 12. , ; 

Setting fire to woods, brush, etc., to injure prop- 
erty of another — Penalty. — Any person who shall un- 
lawfully or maliciously set fire to any woods, forest, timber, 
brush or vegetable matter whatever with int(^nt that the 
property of another shall be injured thereby, shall be 
guilty of a felony, and upon conviction thereof shall be 
I punished by imprisonment in the State Penitentiary for 
not less than one (1) nor more than ten (10) years.' 

Sec. 13. 

; Civil action for toe losses: Measiue of damages — 
Injury to young growth, etc., and cost of toe-fight- 
ing included. — In addition to the penalties provided in 
this act, the United States, State, county, or private owners, 
whose property is injuicd or destroyed by fu-es in violation 
of this act, may recover in a civil action double the amount 
of damages suffered if the fires occiured through wilfulness, 
malice or negligence; but- if such fires wore caused or 
escaped accidentnlly or unavoidably, civil action shall lie 
only for the actual damage sustained as determined by the 
value of the property injured or destroyed, and the detri- 
ment to the land and vegetation thereof. Persons or corpo- 
rations causing fires by violations of this act shall be liable 
in action for debt to the full amount of all expenses in- 
cuiTed in fighting such fires. 

Sec. 14. 

Fines: One-half to Informant, when — Payment of, 
into county fund. — Any person not employed and com- 
pensated as a fire warden who shall detect any one violating 
any of the provisions of this act, and shall furnish informa- 
tion leading to the arrest and conviction of such person, 
shall, upon his conviction, receive one-half of the fine paid 
by such person so convicted, otherwise all fines imposed 
under this act, less the cost of collection, shall go into the 
general fund of the county in which conviction is had. 



' For further provisions concerning damages, Itaes, and pro.secutions 
tor vlolatiuQsof thisact (ch. 27$, L. 1^11), see sees. 13, 14, 15, on this page. 



Sec. 15. 

Proseciitions: Duties of district attorneys and jus- 
tices of the peace — Penalties. — UTienever an arrest 
shall have been made for violation of any provision of this 
act, or whenever any evidence which shows with reason- 
able certainty any such violation shall have been lodged 
with him, the district attorney for the county in which the 
criminal act was committed must prosecute the offenders 
with all diligence and energy. If any district attorney 
shall f;ul to comply with the provisions of this section he 
shall tie guilty of a misdemeanor, and upon conviction shall 
be lined not loss than one hundred dollars ($100), nor more 
than one thoui-tand dollars (.'5>1,000), in the discretion of the 
court: Prosecution against the district attorney shall be 
conducted l)y the .Attorney General. The penalties of 
this section shall apply to any justice of the peace, with 
proper authority, who refuses or neglects to issue a warrant 
for the arrest of any person or persona when complaint 
under oath of violation of any terms of this act, has been 
lodged with him. , , j,, 

Sec. 1978, Lord's Ouegon Laws, 1910. 

Setting fire to prairie, etc.- — ^Penalty. — If any per- 
son shall maliciously or wantonly set on fire any prairie or 
other grounds, other than his 0*n or those of which he is in 
the lawful possession, or shall wilfully or negligently per- 
mit or suffer the fije to pass from his own gi'ounds or prem- 
ises, to the injury of another, such person, upon conviction 
thereof, shall be punished by imprisonment in the county 
jail not less than three months nor more than on^,year or 
by fine not less than $50 nor more than $500 [B.,.and C. 
sec. 1823.] 

PART IIL— PUBLIC FORESTS. 

(This part comprises the provisions of law, if any, for 
the establishment and care of State and municipal forests 
and nurseries, and for the practice of forestry on these and 
on other lands owned by the State.) 

(1) STATE FOREST.S. 

fFor other provisions, if any, toncerning State forests 
and nurseries, see Part I.) . 

Ch. 124, L. 1913. 

Preamble. — Whereas, it appears that the State is about 
to secure from the federal government, through an ex- 
change of certain of its school sections, a compact, body of 
timbered lands in the Santiam national forest; and 

Whereas, it is the desire that said tract be set aside as % 
State forest and administered for the permanent good of 
the State and its educational institutions, and the revenue 
derived therefrom turned into the common school fund of 
the State: 

Be it enacted by tlic People of tlie State of Oregon: 

Sec. 1. 

National Forest lands patented to State for State 
forest, withdrawn from sale for 50 years. — That any 
lands now in the National forests selected by, and pat- 
ented to, the State for the purpose of establishing a State 
forest shall be withdrawn from sale for a period of 50 years. 



STATE FOBESTBT LAWS — OBEGON. 



Sec. 2. 

State Forest: Management — Resources devoted 
to common schools — State School of Forestry, au- 
thority and privileges of, within. — It shall be the duty 
of the State Forester, under the supervision of the State 
Board of Forestry and the regulations which it may and is 
hereby authorized to prescribe from time to time, to man- 
age, control and protect said State forest in a manner to 
secure its highest permanent tisefulness to the whole people 
of the State of Oregon and particularly to the common 
schools to which its resources are devoted. The State 
Board of Forestry shall also, as occasion demands, delegate 
to the State School of Forestry such authority and privi- 
leges within said forest, covering its entire area or portions 
thereof as may be necessary as [or] may be desirable in 
order to utilize said school's technical facilities in the ad- 
ministration of the forest or to afford its students practical 
forestry experience, demonstration or experimen(. 

Sec. 3. 

State Forest: Sales of forest products — Leases for 
mining, water-power, etc. — Conservation of maxi- 
mum revenue— Receipts to common school fund. — 
Whenever it shall appear for the best interest of the State 
and not contrary to the i)urpose for which the lands were 
acquired, the State Board of Forestry- may, on terms most 
advantageous to the State, secured by ample advertisement 
and effort to obtain competitive bids, sell forest products 
on State forest lands, or make and execute leases, for 
periods in no case exceedinn; the fifty-year period during 



which .said lands are withdrawn from sale, for the min- 
ing and removal of any valuable minerals in said 
lands or for the development and utilization of water 
power or desirable occupancies or privileges thereon; 
provided, that in any disposal of products or privileges tlie 
first consideration shall be the care, maintenance and per- 
petuation of the tract's forest productivity as a source of 
maximum permanent revenue and that such disposal and 
i\s contractual iiio\isions for safeguarding said ends shall 
be submitted to the acting head of the State School of 
Forestry for suggestions and shall have the approval of the 
State Forester. All receipts from the State forest shall 
be paid into the common school fund of the State. 

(2) OTHER- STATE LAND,S. 

(Laws which provide merely for the protection of Stale 
lands other than State forests from fire and from timb'-r 
and other forms of trespass, and lor the sale of timber and 
other forest products therefrom, are not included becau.se 
their intent is not one of forest ri.) 

IS) MUNICIPAL FORESTS. 



PART IV.— TAXATION. 

(This part comprises the provisons of law, if any. 
covering the classification and taxation of forested lands 
ard lands to be forested, the ptirpose of which is to en- 
courage the practice of forestry by private owners; also 
such bounty and exemption laws as have a like purpose. 
For similar taxation provisions, if any, concerning State 
or municipal forests, or other State lands, see Part III.) 



WASHINGTON : OOVSBNUBNT PBINTt.NO OFFICE : IKIS 



Date .ir issiio, October 9, 1913. 

UNITED STATES DEPARTMENT OF AGRICULTURE 
U • FOREST SERVICE 
Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 

WYOMING 

(Serial 1— Through Reg. Sess., 1915) 

Compiled in the Office of State Coopeiation by Jeannie S. Peyton 

PURPOSE OF COMPILATION 

luforuiation about the forestry laws of the various States, especially about those laws 
deahng with certam specific problems, is being demanded more and more; and requests for 
such information, coming from legislators, State administrative officers, forestry associations, 
forest schools, and other bodies and individuals, have; led to the compilation, informallj^, of 
such State laws as bear more or less directly on the practice of forestry. 

The pm-pose of the compilation, of which tliis serial is a part, is to make easy a comparative 
study of the laws of the different States and to further the development of practical forestry 
legislation. By the classification of the laws and parts of laws under the headings: "Admin- 
istration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the 
progress of each State, or lack of it, in these jiarticulars is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws 
and those finer points of reference proper only to a legal or administrative manual have been 
omitted. 

PART I.— ADMINISTRATION. and fallow and other foes, see subd.ivisions (2), (3), and 

(4), respectively.) 
(This part comprises the provisions of law, if any, ,„, o,,,„^.r. i.,„i.o 

1 i, . S_ ^1 1 ■ - i. X- 1 i- r J.T- 11 (2) RAILROAD FIKES. 

defining the general administrative duties of the regularly 

constituted State forestry oflicials: also certain miscella- (This 3ubdi\-ision comprises the pro^ious of law. if 

neous forestry provisions. For specific provisions, if any, any, defining the responsibilitv of railroad and logging 

concerning administrative duties of these or other State companies, the precautions to' be taken bv them, and 

officers in connection with forest tires. State and municipal their ILabilitv for damages occasioned in the operation 

forests and nurseries or other State lands, or forest taxation, and maintenance of their trains and rights of way; also 

see Parts II, III, and IV, resiiectively.) provisions concerning the use of spark arresters and other 

safeguards on traction, thrashing, other portable and saw- 

PART II. — FIRES. mill engines, and boilers.) 

(This part comprises tlie general pro\'isions of law. Sec. 4203. 

if any, concerning protection from forest fires, l-^or pire-guards, burning by raiU-oads.-It shall be the 

localized provisions, if any, concerning protec<^ion of ° .,,■'. . . ,. 

State-owned lands, see Part III.) "»'>' of every railroad corporation operating its line of 

road, or any part thereof, within this state, between the 

(1) PROTECTIVE SYSTEM. ^^3^ ^j^^ „{ September and the first day of November of 

(This subdivision comprises the provisions of law. if each and every year, upon its right of way upon each 

any, defining the personnel and the administrative aide of its road bed, to burn as a fire-guard all gi'ass and 



fires. For specific provisions, if any, concerning similar parallel with the Lne ot said road, and said right of way 
duties in connection with railroad fires, elaah disposal, shall be burned in such good, workmanlike manner, and 



i>y}\^ 



STATE rOKESTKY LAWS WYOMING. 



to prevent said lii'e I'rom spreading to lauds adjacent to 
said right of way, as to effectually destroy the grass and 
vegetation thereon: Provided, That the right of way so 
burned shall not exceed a strip of land over two hundred 
feet in width upon each side of the said raihoad; and, 
Provided, further. That such fii'e-guard need not be burned 
within the limits of any village or city, nor along that 
portion of the line of a raihoad where the desert or moun- 
tainous character of the adjoining laud would render such 
burning impracticable or unnecessary. [L. 1S90-91, ch. 
34, sec. 1: Rev. Stat., 1899, sec. 3210."] 

Sec. 4204. 

Fire-guards: Penalty for failing to burn— Fine to 
go to school fund. — Any railroad corporation failing 
to comply with the provisions of the preceding section 
shall be liable to pay a penalty of one hundred dollars for 
each and every mile, or fractional part thereof, of such 
strip of land as it neglects to burn upon either side of the 
lino of its road in this state, in each and every year as 
aforesaid, the same to be collected in any proper action 
in any court of competent jurisdiction, m the name of the 
state of Wyoming, and when collected it shall be paid into 
the school fund of the county wherein the cause of action 
accrued; and. Provided, That the said action shall be 
brought within one yeai' next after it occms. [L. 1890-91, 
ch. 34, sec. 2; Rev. Stat., 1899, sec. 3211.] 

Sec. 4205. 

Fire-guards: Railroads liable for damages by 
fires, when fire-guards not burned — Action to 
recover damages. — Every railroad corjjoration operating 
its line of road, or any prrt thereof within this state, shall 
be liable for all damages by fire, that is set out, resulting 
or caused by operating any such line of road, or any part 
thereof, when such raihoad company has failed to bui'n 
a fire-guard as provided m §4203, and any such damages 
may be recovered by the party damaged, by a proper 
action in any coxat of competent jurisdiction; Provided, 
That said action be brought by the party injiu'ed within 
one year next after said damage shall have been inflicted 
or caused. [L. 1890-91, ch. 34, sec. 3; Rev. Stat., 1887, 
sec. 1947: Rev. Stat., 1899, sec. 3212.] 

(3) SLASH DISPOSAL. 

(Tliis subdivision comprises the provisions of law, if any, 
for slasli disposal after lumbering and other cutting 
operations. ) 

(4) FALLOW AND OTHER FIKES. 

(This subdivision comprises the provisions of law, if any, 
concerning the burning of fallow, brush, etc., by farmers, 
and the general setting of fires to woods by hunters, 
lisliennen and others.) 

Sec. 5817, Comp. Sl-vt., 19 LU. 

Burning woods and prairies — Penalty. — \\'hoever 
maliciously or wantonly sets fire to any woods, or to any- I 
thing growing or being upon any prairie or grounds, not his ] 



own property; ur maliciously or wantonly permits any 
fire to pass from his own prairie or grounds, to the injury 
or destruction of any property not his own, shall be fined 
not more than one hundred dollars, to which may be added 
imprisonment in the county jail not exceeding thirty 
days. [Rev, Stat., Ind., sec. 1928; L. 1890, ch. 73, sec. 36; 
Rev, Stat., Wyo., 1899, sec. 497G.] 

Sec. 5818. 

Neglect to extinguish fires — Penalty. — Any person 
or persons who shall light a fire, for any purpose, in any 
woods or on any prairie in this state and who shall leave 
the vicinity of such fire without extinguishing the same 
shall be deemed guilty of a misdemeanor, and. upon con- 
viction thereof, shall be punished by a fine, not le.ss than 
ten dollars and not exceeding one hundred dollars, or by 
imprisonment in the county jail not leas than ten days 
and not exceeding thirty days, or by both such fine and 
imprisonment. [L. 1907, ch. 22.] 

PART HI.— PUBLIC FORESTS. 

(Thia part comprises the provisions of law, if any, 
for the establishment and care of State and municipal 
forests and nurseries, and for the practice of forestry on 
these and on other lands owned by the State.) 

(1) STATE FORESTS. 

(For other provisions, if any, concerning State forests and 
nurseries, see Part I.) 

(2) OTHER STATE LANDS. 

(Laws which provide merely for the protection of State 
lands other than State forests from fire and from timber 
and other forms of trespass, and for the sale of timber and 
other forest products therefrum, are imt included because 
their intent is not one of forestry. ) 

(3) MUNICU>AL FORESTS. 



PART IV.— TAXATION. 

(This part comprises the provisions of law, if any, 
covering the classification and taxation of forested lands 
and lands to be forested, the jiurpose of which is to en- 
courage the practice of forestry by private owners; also 
.such bounty and exemption laws as have a like purpose. 
For similar taxation provisions, if any, concerning State 
or municipal foi-ests, or other State lands, see Part TIT.) 

Sec. 1327. 
Bounties for forest tree cultui'e — Requirements. — 

It shall be lawful for the board of county commissioners 
in any county of this state to offisr a bounty to any person 
in said county who shall hereafter plant (me or more acres 
of land with forest trees and properly cultivate the same 
for five years in any sum not to exceed ten dollars for five 
years for each acre so planted and cultivated; Provided, 
That trees so planted shall not be at a greater distance than 
ten feet apart each way and shall I)e kept in a live, thrifty, 



LIBRARY OF CONGRESS 

RF.C'iiVED 



STATE FORESTRY LAWS — WYOjnNG. 



Srowin^ conditiun l'(;r at least. fi\-e yeai-s after l)t'iug planlod 
before said bounty shall be due and payable; and Provided 
further, That the provLsions of this chapter shall not apply 
to lands held as timber culture entries under any of the 
limber laws of the United States. [1.. ISOO, <)i. 42. .sec. 1; 
Rev. Stat., 1899. sec. 2645.] 

■Skc. 1;}28. 

Method of offering bounties. -The lioard of county 
commissioners desiring to offer llio bounty heroin provided 
for. shall do so by resolution to be made of record and ,i;i\iii,s: 
notice in some newspaper published in the county three 
weeks ]iri'ir to the first day of April of each year, said 
rc-i ilutiou and notice to state the amount of bounty offered 
for each acre planted and cultivated. [L. 1.S90, eh. 42. 
sec. 4; Rev. Slat.. 1899, sec. 2640. 1 



Sfx. 1329. 

Proof of compliance with bounty law. -Any ])crson 
(•laiming the bountj- under this chapter shall make proof 
before the county commissioners that he has complied with 
tlie provisions of §1327, and that the trees planted bj' him 
are in a healthy and growing condition. [L. 1890, ch. 42, 
sec. 2; Rev. Slat., 1899, sec. 2647.] 

Sec. 1330. 
Warrant for amount of bounty, issued when. — 

ITpun satisfactory proof of the cnmpliance with this chapter, 
the board of county comnii.ssicjners may issue t.j I ho person 
entitled thereto a warrant upon the county treasurer as 
in other cases, for the amount due under the offer made 
by the board. [I,. l.>^90, ch. 42, sec. 3; Rev. Stat., 1899, 
sec. 2648.] 



1VJSHI.XGT0N : GOVBRNMEXT PBINTIXO Ol'FICB : 1018 



Date of issue, , 1915 



UNITED STATES DEPARTMENT OF AGRICULTURE 
^ ''^ FOREST SERVICE 
Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 

NEW JERSEY 

(Serial 2— Through Reg. Sess., 1915) 

Compiled in the Office of State Cooperation by Jeannie S. Peyton 

REVISION OF SERIALS. 

This serial contains the full text of all provisions embodied in legislation enacted since 
the issue of the preceding serial, and of aU provisions which have bsen more or less extensively 
amended thereby. All other provisions in the earlier serials, mcluduig provisions which have 
been only sUghtly amended, are merely noted where they would properly be placed if reprinted 
herein, and a refei-ence made to the page and serial where their fidl text may be found. In 
connection with the slightly amended provisions a brief explanation is made as to the exact 
character of such amendment. 



PART I.— ADMINISTRATION. 

(This part comprises the ]irovisions of law, if any, 
dcfinina; the general administrative duties of the regularly 
constituted State forestry officials; also certain miscel- 
laneous forestry provisions. For specific provisions, if 
any, concerning administrative duties of these or other 
State officers in connection wdth forest fires, State and 
municipal forests and nurseries or other State lands, or 
forest taxation, sec Parts II, IV, and III, respectively.) 

Sec 1, Ch. 241, L. 1915. 

Department of Conservation and Development — 
Board of Conservation and Development. — \ depart- 
ment of conservation and development is hereby estab- 
lished, and the same shall be governed by a board to be 
known as the "Board Of Conservation and Development." 

Sec. 2. 

Board of Consexvation and Development, mem- 
bership of. — The Board of Conservation and Development 
sliall consist of eight members, not more than four of whom 
shall be members of the same political party, and all of 
whom shall be residents of the State. 

Sec. 3. 

Board of Conservation and Development: Ap- 
pointment — Terms — Meetings — President — No com- 
pensation — Expenses. — The members of the Board of 
Conservation and Development shall be appointed by tlie 
6595—15 



Governor, by and with the advice and consent of the 
Senate, for the following terms, to commence on the first 
day of July, one thousand nine hundred and fifteen: two 
for one year, two for two years, two for three years, and 
two for four years. Annually thereafter, two members 
shall be appointed for a term of four years. Vacancies 
shall be filled for the unexpired terms. The board shall 
meet every month in the State House, in Trenton, at such 
times as its rules may prescribe, and at such other times 
and places within the State as, in its judgment, may be 
necessary. The board shall elect one of its members presi- 
dent who shall hold office for one year and until his suc- 
cessor shall be elected. 

The members of the board shall receive no compensation 
for their services, but the State Treasurer shall, upon the 
warrant of the State Comptroller, pay their necessary ex- 
penses. 

Sec. 4. 

Director: Selection — Qualifications — Salary — 
Terms. — The board shall select a person who shall be 
known as the "Director of Conservation and Develop- 
ment," who shall be a resident of this State and a qualified 
engineer, forester or geologist, who shall also be one of 
the divi.sion diiefs. In case the board cannot agree be- 
cause of a tie vote therein, upon the selection of a dii-octor, 
the Governor shall be requested to sit with said board for 



§:J^' 



H^i 



STATE FOEESTEY LAWS — NEW JEESEY. 



the purpose of casting the deciding vote. Said Director of 
Conservation and Development shall receive a salary of 
not more than five thousand dollars per annum, to be paid 
out of the treasury of this State as the salaries of other 
employees are now, or may hereafter he, paid. He shall 
devote his entire time to the duties of his office, and shall 
serve for a term of four years, and until his successor has 
beer appointed and qualified. 

Sec. 5. 

Board of Conservation and Development, powers 
and duties. — The Board of Conser\ation and Develop- 
ment shall succeed to and exercise all the rights and powers 
and perform all the duties now exercised and performed by 
or conferred and charged upon the State Water Supply 
Commission, the Board of Forest Park Reservation Com- 
missioners, the State Geological Survey, the Washington 
Crossing Commission, the State Museum Commission and 
the Fort Nonsense Park Commission. 

Sec. 6. 

Subdivisions of department: Heads or chiefs, 
appointment and qualifications of — Director and 
acting director, duties of .—The Board of Conservation 
and Development shall ako have the power to create sub- 
departments or divisions, to take specific charge of the 
different lines of work contemplated in this act, and shall 
have power to appoint heads or chiefs of such departments 
or divisions, which heads or chiefs of said subdepartments 
or divisions shall be experts of recognized standing in their 
respective professions. One of these chiefs shall be named 
by the board as director. The board shall define the 
duties of the director and the chiefs of divisions and may 
designate a chief as acting director during the absence or 
disability of the director. 

Sec. 7. 

Board of Conservation and Development: Con- 
trol of State conservation and development pro- 
jects — Rules and regulations by — Salaries of em- 
ployees fixed by— Reports by. — The Board of Con- 
servation and Development shall have full control and 
direction of all State conservation and development 
projects and of all work in any way relating thereto, except 
such work as is conferred upon other boards, not included 
within the provisions of this act. It shall make such rules 
and regulations governing work of the department, and the 
conduct of its employees as, in its opinion, may be neces- 
sary to conserve, develop and promote the interests of the 
State, in all matters herein committed to its charge. 
It shall fix the salaries of all employees. 

The Board of Conservation and Development shall 
report annually to the Legislature. 

Sec 8. 

Director to be ex officio Secretary of Board — 
Chiefs: Subject to rules of Board— Supervisory 
duties of — Enforcement of laws by — Collection of 
data by — Right of entrance. — The director shall be 



LIBRARY 


OF CONGRESS 


aeCcl'/ED 


M AV 


htiMl')'> 



ex officio secretary of the board. The chiefs of divisions 
shall be subject to the rules and regulations of the board, 
and shall exercise general supervision over all conservation 
and development projects in their respective departments 
and all work in any way relating thereto. They shall be 
and hereby are charged with the enforcement of all laws 
relating to the powers and duties of the board in their 
divisions, and shall obtain, collect and preserve such 
information relating to the State's natural resources 
and to their conservation and development, and also 
relating to the work of the department as may be useful, 
in the discharge of their duties, or which may contribute 
to the advancement of the State's resources. They may, 
and any person authorized by them so to do may, without 
fee or hindrance, enter upon, examine and survey all 
lands aud waters of the State. 

Sec. 9. 

Oaths and witnesses — Subpoenas — Penalty, re- 
covery of — Perjury. — The Board of Conservation and 
Development by its presiding officer, each of its com- 
mittees by its chairman, and the Director of Conservation, 
and Development shall have authority to administer 
oaths and to examine, under oath, in any part of the State, 
witnesses in any matter relating to the powers and duties 
of the department and to the conservation and develop- 
ment of the State's resources. For this purpose it may 
issue subpoenas, signed by its president and secretary, 
requiring the attendance of witnesses and the production 
of books and papers in any part of the State before it, or 
before any of its committees, or before the Director of 
Conservation, and any person who, being served with a 
subpoena issued pursuant to the provisions of this act, 
shall fail to attend or who sliall fail to give testimony, 
unless such testimony incriminate him or subject him to 
a fine or punishment, shall be liable to a penalty of five 
himdred dollars for each and every offense, to be recovered 
in the name of the State of New Jersey; said penalty, 
when recovered, to be paid into the treasury of the State 
of New Jersey; and it shall be the duty of the Attorney- 
General to prosecute any and all actions for the recovery 
of penalties, when requested so to do, and when, in his 
judgment, the facts and the law warrant such prosecu- 
tion. Any person who, having been sworn by the pre- 
siding officer of the board, or the chairman of any of its 
committees, or by the Director of Conservation and De- 
velopment, wilfully gives false testimony, shall be guilty 
of perjury. 

Sec. 10. 

Director, removal of, on charges. — The Director of 
Conservation and Development may be removed by the 
Governor, after a hearing; ■provided, that charges against 
him have been submitted in writing, signed by a majority 
of the members of the board; and provided, farther, that 
the Governor finds such charges to be true in fact, and 
their nature such that, in his opinion, the best interests 
of the State demand the removal of said Director. 



STATE FORESTRY LAWS NEW JERSEY. 



Sec. 11. 

Department of Conservation and Development: 
Appointment and tenure of office of officers and 
employees. — All of the officer.* and omployoes of the 
Department of Conservation and Development shall be 
appointed and shall hold their positions subject to the pro" 
visions of an act entitled "An act regulating the employ- 
ment, tenure and discharge of certain officers and em- 
jjloyees of this State, and of the \'arious counties and mu- 
nicipalities thereof, and providing for a Civil Service Com- 
mission, and defining its powers and duties," approved 
April tenth, one thousand nine luiudred and eight. 

Sec. 12. 

Codification of laws — Object of. — Immediately upon 
the organization and establishment of the Board of Con- 
servation and Development, it shall become the duty of 
the heads or chiefs of the several subdepartments to codify 
the various laws which have been passed, from time to 
time, relating to or concerning, in any way whatsoever, 
their respective departments, which codification shall set 
forth, in a clear and comprehensive manner, the origin of 
such department, meaning thereby its creative act, after 
which shall follow, in their proper order, all existing acts 
amendatory thereof and supplementary thereto, and all 
acts relating to its consolidation (if any there has been) 
with any other board or boards, commission or commis- 
sions, department or departments. Said work of codifica- 
tion shall continue, from year to year, after the principle 
herein set forth, with the idea of preserving, in concrete 
form, the history and development, or evolution, so to 
speak, of each special department, and contributing mate- 
rially to a better and more comprehensive understanding 
of all laws relating thereto, and of the powers and duties 
devolved upon said departments by said acts. 

Sec. 1.3. 

The title "Board of Conservation and Develop- 
ment," to replace certain other titles. — Whenever, 
in any act, the words the "State Water Supply Com- 
mission," the "Board of Forest Park Reservation Com- 
missioners," the "State Geological Survey," the "Wash- 
ington Crossing Commission," the "State Museum Com- 
mission," and the "Fort Nonsense Park Commission," 
are used, the same shall be taken to be and to mean the 
Board of Conservation and Development. 

Sec. 14. 
Expiration of terms of various commissioners. — 

The terms of office of the Forest Park Reservation Com- 
missioners, the Managers of the State Geological Survey, 
the Washington Crossing Commissioners, the State Museum 
Commissioners, and the Fort Nonsense Park Commission- 
ers, as members of the commissions and boards included 
in this act shall end on the thirtieth day of June, one 
thousand nine hundred and fifteen, and of the State 
Water Supply Commissioners, on the thirtieth day of 
June, one thousand nine hundred and sixteen. 



Sec. 15. 

Ketention of officers and employees — Director 
may aboUsh positions. — The officers and employees 
now in the employ of the said boards or commissions 
hereby consolidated shall be retained in their present 
offices or positions and shall continue as employees of the 
Department of Conservation and Development unless 
removed in accordance with the provisions of an act 
entitled "An act regulatinf^ the employment, tenure, and 
discharge of certain officers and employees of this State 
and of the various counties and municipalities thereof, and 
providing for a Civil Service Commission, and defining its 
powers and duties," approved April tenth, one thousand 
nine hundred and eight. The Diiector of Conservation 
and Development, however, may, with the approval of 
the board aboUsh any office or position, which, in his 
judgment, it may be unnecessary to retain. 

Sec. 16. 

Laws repealed— Date of act taking effect — State 
Water Supply Commission provisions excepted — 
Constitutionality of act.— All acts and parts of acts 
inconsistent herewith are hereby repealed, and this act 
shall take effect on the thirtieth day of June, one thousand 
nine hundred and fifteen; providing that this act shall not 
take effect as regards to oi; be construed to include the 
State Water Supply Commission until the tliiitieth day of 
June, one thousand nine hundred and sixteen, which 
commission shall retain all the rights, powers and duties 
heretofore conferred upon it by law and shall continue to 
dischaige such powers and duties until the thirtieth day 
of June, one thousand nine hundred and sixteen, not- 
withstanding anj-thing in this act containel; provided, 
however, that if any section or parts thereof of this act shall 
be questioned in any court, and shall be held to be un- 
constitutional and void, the sections or parts thereof so 
declared to be invalid shall be exscinded, and the balance 
of the act shall stand as though said sections oi parts thereof 
had never been included within the provisions of this act. 

Sec. 1,' p. 2605, Comp. Stat., N. J., amended, and in 
PART repealed, BY L. 1915, Ch. 241, Secs., 1, 2, 3, 4, 
13, 16. 

Board of Conservation and Development, a body 
politic, with certain powers. — * * * said board 
[State Board of Forest Park Reservation Commissioners; 
now the Board of Conservation and Development] shall be 
a body politic and corporate, * * * -(vith power to 
sue and be sued, with power to adopt and use a corporate 
seal, and the right, power and authority to acquire, hold 
and use all such jjroperty, real and personal, as may be 
proper and necessary, and with all other powers proper 
and necessary to carry out and effectuate the purpose for 
which said board is created; * * * [L. 1905, ch. 47, 
sec. 1.] 



I See Serial 1, p. 1. 



STATE FOBESTEY LAWS NEW JEBSEY. 



Sec. 3,' p. 2606, amended by L. 1915, Ch. 165, Sec. 1, 

AND Ch. 241, Secs. 5, 13. 

Board of Conservation and Development: Care 
and management of forest reserves, moneys there- 
for, etc. — Forestry duties, in general, of — Preven- 
tion of fires — Cooperative forestry work — Protec- 
tion of watersheds — Reports and publications — 
Cutting and sale of timber — Contracts for work — 
Employees. — The care, management and preservation 
of the forest reserves, and the forests thereon, as well as 
future growth thereon, and all moneys appropiiated in 
that behalf, or collected therefrom in any way, and all 
personal property acquired to carry out the purposes of 
this act, are hereby confided to and vested in said board 
[State Board of Forest Park Reservation Commissioners; 
now the Board of Conservation and Development], as 
the same may be herein or in subsequent acts defined and 
required. The board shall observe, keep in view, and, so 
far as it can, put in operation the t>est methods to reforest 
cut-over and denuded lands, to forest waste and other 
lands, to pievent injury of forests by fire; shall provide 
for the administering and care of f(rests on forestry piin- 
ciples, for the encouragement of private owners in preserv- 
ing and growing timber for commercial and manufacturing 
purposes, and for the general conservation of forest tracts 
around the headwaters and on the watersheds of all the 
water courses of the State. Said board shall make reports 
of its work, conclusions and recommendations to each 
session of the Legislature, and from time to time publish, 
in a popular manner, and print for popular distribution, 
in bulletin or other form, such of its conclusions and recom- 
mendations as may be of immediate public interest. If 
any such report or publication shall be in especial demand 
and the supply shall become limited the board may restrict 
its distribution or fix a reasonable price to be paid for it. 
Whenever it shall appear that the welfare of the State will 
be advanced by cutting or selling or disposing of any of 
the timber on State forest lands, or by using any portion 
of such lauds for agriculture, or for any other purpose than 
the maintenance of forest, the board is hereby empowered 
to cut and sell such timber, or to provide for the use and 
development of such land in the way that in its judgment 
is most proper, on terms most advantageous to the State; 
and said board is hereby empowered to make or execute 
contracts in the name of the State, and to make agreements 
with other State departments, boards or bodies, for the 
carrying out of the purposes of this act; provided, however, 
that no such contract or agreement shall be made without 
the approval of the Governor. The board shall have power 
to employ such persons as are necessary for carrying out 
the provisions of this act and to fix their compensation. 
[L. 1905, Ch. 47, Sec. 3.] 

Sec. 9,^ p. 2608, amended by L. 1913, Ch. 23; and by L. 

1915, Ch. 241, Secs. 5, 13, 8. 

State Forester, designation and duties of. — Sec- 
retary of Board, duties of. — The chief forester em- 



' See Serial 1, p. 1. 



ployed by said board [State Board of Forest Park Reserva- 
tion Commissioners; now the Board of Conservation and 
Development] shall be designated and known as State 
Forester. He shall be the active agent of said board in 
the performance of the duties imposed upon it by section 3 
of the act which this act amends. * * * [The Director 
of Conservation and Development is made ex officio sec- 
retary of that board by sec, 8, ch. 241, L. 1915.] As sec- 
retary, it shall be his [the Director's] duty to keep proper 
records of said board, and any copy of any record, under 
the seal of the board, signed by the secretary, shall be of 
the same evidential effect in all the courts of this State as 
an exemplified copy of any recorded deed, according to 
law as now constituted, [L. 1905, ch. 47, sec. 9.] 

Sec. 10 (p. 1, Serial 1). 

(This section is repealed by L. 1915, ch. 241, sec. 16.) 
Secs. 12, 13 (p. 1, Serial 1). 

(These sections are amended by L. 1915, ch. 241, sees. 
5, 13, to the extent only that the terms. "Board of Forest 
Park Reservation Commissioners," "said board," "forest 
commission," or other similar expression therein, should 
now "be taken to be and to mean the Board of Conservation 
and Development"). 

PART 11.— FIRES. 

(This part comprises the general provisions of law, if any, 
concerning protection from forest fires. For locaUzed 
provisions, if any, concerning protection of State-owned 
lands, see Part IV.) 

(1) PROTECTIVE SYSTEM. 

(This subdivision comprises the provisions of law, if any, 
defining the personnel and the administrative duties of 
the State organization charged with the prevention, detec- 
tion, control, and extinguishment of forest fires. For 
specific provisions, if any, concerning similar duties in 
connection with fallow and other fires, and railroad fires, 
see subdivisions (2) and (3), respectively.) 

Sec. 1, Ch. 109, L. 1915, amended by L. 1915, Ch. 241, 

Secs. 5, 13. 

Patrolmen to be provided. — Whenever the Board 
of * * * [Conservation and Development] shall be 
satisfied that existing conditions tend to the origin of forest 
fires in any locality, it shall provide for the maintenance 
of patrolmen to watch for and extinguish fire in such places 
and for so long as such danger exists. 

Sec. 2. 
Expenses of patrol — How paid. — The said board 

shall determine whether the existence of such conditions 
is due to the operation of a railroad, or to the operations, 
actions, conduct or neglect of any other corporation, firm 
or individual, and the responsible party, thus determined, 
shall appoint and pay the wages and expenses of the patrol- 
men hereinafter required to be appointed and paid. If 
the said board shall determine the existence of the condi- 
tions referred to to be due to a divided agency, the required 
patrolmen shall be appointed by the State Firewarden, 
and the wages and expenses shall be apportioned by the 



STATE FORESTRY LAWS NEW JERSEY. 



said board among the several parties to surh divided 
agency ; provided, however, that if one of the parties to such 
divided agency shall be a railroad company, the patrol- 
men required of such railroad company shall be appointed 
and paid according to the provisions of this act applying 
to the appointment and payment of patrolmen by railroad 
companies. 

Sec. 3. 

Proper parties notified — Service of notice — Order 
may be amended. — \\licncvcr the Board of * * * 
[Oonservatiou and Development] shall make determina- 
tion as set forth in paragi'aphs one and two of this act, the 
State Firewarden, upon notilieation by the said board to 
that effect, shall, in writing, notify the responsible agent 
or agents of the determination of the said board, specify- 
ing the locality affected thereby and included within the 
terms of his notice, calling for the appointment of such 
number of patrolmen as the said State Firewarden may 
deem to be necessary, and prescribing generally the work 
of such patrol. The State Firewarden shall lix and state, 
in the said notice, the time w'hen the said notice shall be- 
come effective. In case of a railroad company , the said 
notice shall be served at the office of the superintendent 
of the division within which the affected district is located. 
In case of a private individual, firm or corporation, not a 
railroad company, the notice shall be served upon the 
owner, lessee, superintendent or agent, wherever found. 
The order of the State Firewarden may be amended in any 
particular by the said board, either upon its owni initia- 
tive or upon the request of any person or corporation af- 
fected thereby, but shall not be stayed pending applica- 
tion for such amendment, except upon order of the board. 

Sec. 4. 

Immediate compliance with order — Report to 
State Firewarden — Replacing patrolmen. — The per- 
son or corporation rcceixina; such notice shall immediately 
comply therewith and shall at once report to the State 
Firewarden the names of all patrolmen appointed pursuant 
to such order, and the names of the persons acting as fore- 
men or superintendents thereof actually upon the work. 
And such person or corporation shall report to the State 
Firewarden at such times and in such manner as he shall 
require, setting forth the number of men performing such 
duly, the places where, the times when, and the manner 
in which the patrol duty is being performed. If the 
appointment of, or service rendered by, any member of 
such patrol shall be unsatisfactory to the State Firewarden, 
such patrolmen shall be immediately replaced by his 
employer upon the request of the State Firewarden. 

Sec. 5. 

Recovery of penalties. — Any firm, person or corpora- 
tion who shall or which sliall fail to comply with the pro- 
visions of this act, or with the terms of such notices and 
orders as may be issued by the State Firewarden, shall be 



subject to a penalty of ten dollars per day for each patrol- 
man not on duty in accordance with such notice or.order. 
All penalties incurred for violation of any of the provi- 
sions of this act shall be sued for, recovered and collected 
in the manner provided for the recovery of penalties by the 
act to which this act is a supplement [L. 1906, ch. 123, as 
amended ' ]. Such penalties, when recovered shall be paid 
to the executive officer of tlie Board of * * * [tJon- 
servation and Development], who, after deducting any 
direct expense connected with the recovery of said pen- 
alty, shall pay the same over to the State Treasurer. 

Sec. i>. 

Suit for damages not barred. — Compliance with the 
provisions of this act shall not operate as a bar to any suit 
for damages for which any person or corporation would 
otherwise be liable, but conformance with the provisions 
of tliis act, and compliance with the terms of any order 
or notice issued by the State Firewarden may be shown 
and considered as e\adence of the use of due care on the 
part of such person or corporation. 

Sec. 7. 

Prompt action: To be taken by whom — May be 
reviewed and modified by Board of Conservation 
and Development. — In any case where prompt action 
is necessary all duties and powers imposed by tliis supple- 
ment upon the Board of * * * [Conservation and 
Development] may be performed and exercised by the 
executive officer of the said board, the State Forester 
aud the State Firewarden, acting jointly in the name 
of said board, and the joint determinations, actions and 
orders of the same shall be as conclusive and effectual as 
though done and performed by the full board; provided, 
that any action of the said officials may be reviewed and 
modified by the * * * [Board of Conservation and 
Development] in the same manner and under the same 
limitation as is prescribed in section tlu'ec of tins act. 

Secs. 1, 2, Ch. 61, L. 1915. * * * 

Note. — Slash disposal. — See these sections, be- 
low, for duties of the lioard of Conser\-ation and De- 
velopment upon recciiit of complaint tliat an ac- 
cumulation of brush or other slash material at some 
point is creating a fire hazard. 

Secs. 38. 39, 39a, 40, 41, 42, 43, 44, 49, r,o, 54 (pp. 2-G, 
Serial 1). 

(These sections are amended by L. 1915, ch. 241, secs. 
5, 13, to the extent only that the terms "Board of Forest 
Park Reservation Commissioners," "said board." "forest 
commission," or other similar expression therein, should 
now "be taken to be and to mean the Board of Conserva- 
tion and Development.") 

Secs. 45, 51, 52, 53, 55a (pp. 3-6, Serial 1). 
(These sections remain unchanged.) 



> See secs. 49-54, pp. 3-6, o( Serial 1. 



STATE FOEESTKY LAWS NEW JEKSEY. 



(2) FALLOW AND OTHER FIRES. 

(This subdivision comprises the provisions of law, if 
any, concerning the burning of fallow, brush, etc., by 
farmers, and the general setting of fires to woods by hunt- 
ers, fishermen, and others.) 

Sec. 1, Ch. 61, L. 1915. 

Public nuisance occasioned by accumulation of 
brush, and other combustible raaterial. — The owner 
of any woodlands, or the lessee thereof, or any contractor 
or employee deri^dng authority from the owner of such 
woodlands, or any person doing public work in or upon 
such woodlands, who shall permit or suffer the accumula- 
tion of brush or tree-tops, or any litter from felled trees, 
to lie or be upon such woodlands to such an extent or in 
such manner as to facilitate either the origin or the spread of 
forest fires, shall be deemed thereby to have created an 
extraordinary fire hazard, and to have made and main- 
tained a public nuisance. 

Sec. 2, amended by L. 1915, Ch. 241, Secs. 5, 13. 

Nuisance: Complaint of — Removal ordered — Pen- 
alty, recovery and disposition of. — On the complaint 
of a firewarden, or of any citizen, it shall be the duty of the 
Board of * * * [Conservation and Development] to 
cause an investigation to be made of the alleged nuisance. 
If, in its judgment, a situation endangering the security of 
adjacent property, either ■with reference to the possible 
origin or spread of forest fires, exists, it shall require the 
responsible party to remove such menace within a speci- 
fied time, in manner directed and at his own cost. If such 
removal be done by burning, all the provisions and re- 
quirements of the act to which this act is a supplement 
[L. 1906, Ch. 123, as amended '] shall be observed, but 
nothing done under this act shall operate as a release of 
responsibility if fire escapes and damages the property of 
another. Failure to comply with the requirement of the 
Board of * * * [Conservation and Development] 
shall subject the offender to the penalty imposed by sec- 
tion twelve 2 of the act to which this act is a supplement, 
which penalty shall be imposed for every period of five 
days, or portion of one such period, during which the re- 
quirement of the Board of * * * [Conservation and 
Development] shall be unobserved. 

All penalties incurred for violation of any of the pro- 
visions of this act shall be sued for, recovered and collected 
in the manner provided for the recovery of penalties 
by the act to which this act is a supplement.' Such 
penalties, when recovered, shall be paid to the executive 
officer of the Board of * * * [Conservation and 
Development], who, after deducting any direct expense 
connected with the recover}- of said penalty, shall pay the 
same over to the State Treasurer. 



1 For Laws 1906, ch. 123, as amended, see Serial 1, secs. 3S, 39, 40-4.= 
(pp. 2, 3), secs. 46-48 (p. 6), secs. 49-55 (pp. 3-6). 

2 See sec. 49 (p. 3) of Serial 1. 

3 See secs. 49-54 (pp. 3-6) of Serial 1. 



Secs. 46, 47, 48, 55, 157a (p. 6, Serial 1). 
(These sections remain unchanged.) 

(3) RAILROAD FIRES. 

(Tlus subdivision comprises the provisions of law, if 
any, defining the responsibility of railroad and logging 
companies, the precautions to be taken by them, and 
their liability for damages occasioned in the operation and 
maintenance of their trains and rights of way; also pro- 
visions concerning the use of spark arresters and other 
safeguards, on traction, thrashing, other portable and saw- 
mill engines, and boilers.) 

Secs. 1-7, Ch. 109, L. 1915. * * * 

Note. — Patrolmen, appointment of. — See these 
sections on pp. 4, 5, for provisions concerning appoint- 
ment of patrolmen when conditions tending to the 
origin of forest fires are due to the operation of a rail- 
road; and penalty for failure to comply with the act, 
etc. 

Secs. 56, 57, 58 (pp. 6-7, Serial 1). 
(These sections remain unchanged.) 

PART III.— TAXATION. 

(This part comprises the provisions of law, if any. cov- 
ering the classification and taxation of forested lands and 
lands to be forested, the purpose of which is to encourage 
the practice of forestry by private owners; also such bounty 
and exemption laws as have a like purpose. For similar 
taxation provisions, if any, concerning State or municipal 
forests, or other State lands, see Part IV.) 

PART IV.— PUBLIC FORESTS. 

(This part comprises the proAdsions of law, if any, for 
the establishment and care of State and municipal forests 
and nurseries, and for the practice of forestry on these and 
on other lands owned by the State.) 

(I) STATE FORESTS. 

(For other provisions, if any, concerning State forests 
and nurseries, see Part I.) 

Sec. 3, p. 2606, Comp. Stat., N. J., amended by L. 

1915, Ch. 165, Sec 1, and Ch. 241, Secs. 5, 13. 

Forest Reserves: Board of Conservation and 
Development charged with, care and management 

of. — (For text of this pro\'ision, see this section, on p. 4.) 

Sec 1, Ch. 382, L. 1915. 

Forest Reserves: Maintenance of, as a public 
park — Appropriations for. — It shall be lawful for the 
governing body of any county, or of any municipality, to 
enter into an agreement with the * * * [Board of 
Conservation and Development] for the maintenance of a 
forest reserve, or any portion thereof, which portion may 
be a pond or lake, as a public park; and from time to time 
to appropriate money and to pay the same to the * * * 
[Board of Conservation and Development] to be expended 
by said board for the maintenance and improvement 
of such State property. 



STATE FORESTEY LAWS NEW JERSEY. 



Secs. 2, 4, 5, 6, 7, 8, 11, 16 (pp. 7, 8, Serial 1). 

(These sections are amended by L. 1915, ch. 241, sees- 
5, 1.'?, to the extent only that the terms "Board of Forest 
Park Reservation Commissioners," "said board," "forest 
cnntnission," or other similar expression therein, should 
now "he taken to be and to mean the Board of Conservation 
and Development.") 

(2) MUNICIPAL FORE,ST.S. 

Sec. 17 (p. 8, Serial 1). 

(This section is amended by L. 1915, ch. 241, secs. 5, 13, 
to the extent only that the "State Board of Forest Park 
Reservation Commissioners" should now "be taken to be 
and to mean the Board of Conservation and Develop- 
ment.") 

Sec. is (p. 8, Serial 1). 
(This section remains unchanged.) 



(3) OTHER STATE LANDS. 

(Laws which provide merely for the protection of State 
lands other than State forests" from fire and from timber 
and other forms of trespass, and for the sale of timber and 
other forest products therefrom, are not included because 
their intent is not one of forestry.) 

Sec 3, p. 2006, amended by \j. 1915, Ch. 165, Sec. 1, 
AND Cn. 241, Secs. 5, 13. 

Board of Conservation and Development: Ar- 
rangements by, with, other State Departments, 
boards, or bodies for use and development of State 
forest lands. — (For text of these provisions, see this 
section, p. 3). 



WASHIXGTO.N : GOVKK.NME.NT I'UI.NTI.SG office : 1815 



c\l = 



Date or issue December 27, 1»15. 



UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 

WASHINGTON 

^Serial 1— Through Reg. Sess.. 1915) 

Compiled in the Office of State Cooperation by Jeannie S. Peyton 

PURPOSE OF COMPILATION 

Iiiforiuatiou about the forestry laws of the various States, especially about those laws 
dealing with certaiu specific problems, is being demanded more and more; and requests for 
such information, coming from legislators, State administrative officers, forestry' associations, 
forest schools, and other bodies and individuals, have led to the compilation, informally, of 
such Stale laws as bear more or less dirocth" on the practice of forestry. 

The purpose of the compilation, of which this serial is a part, is to make easv a compara- 
tive study of the laws of the different States and to further the development of practical for- 
estry legislation. By the classification of the laws and parts of laws under the headings: •'.\dmin- 
istration," "Fires," ''Public Forests," and "Taxation," the cohiparison is simplified, and th(> 
])rogress of each State, or lack of it, in these particulars is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws 
and those finer points of reference proper oidy to a legal or administrative m^atual have been 
otnitted. 

appointment: Provided, however, that two of the Hrst 
appoLnteea under the terms of this act shall hold office 
for only two years, and thereupon the governor shall 
appoint the successors of such two-year appointees for the 
term of four years. Each of the members of said board 
iihall take and subscribe an o:ilh or affirmation before 
some officer authorized by law to administer the same to 
faithfully perform the duties of said office. The mem- 
bers of said board shall receive no compensation whatever 
for the performance of their duties. The seci'etary of 
state shall ))rovido suitable (juarters for the use of said 
board and the state lire-warden and forester in the state 
capitol building. The said board shall meet at the call 
of the governor as soon as convenient after their appoint- 
ment at the state capital, and shall organize by the elec- 
tion of a chairman. A majority of the members of said 
board shall constitute a (juorum. Said board shall meet 
at the state capital, or any other convenient place within 
the state at any other time at the call of the chairman. 



PART I,— ADMINISTRATION. 

(This part comprises the provisions of law, if any, <le- 
fining the general administrative duties of the regularly 
constituted State forestry officials; also certain miscella- 
neous forestry provisions. I''or specific provisions, if any, 
concerning administrative duties of these or other State 
officers in connection with forest fires. State and munic'- 
pal forests and nurseries or other State lands, or forest 
taxation, shc Parts II, III, and 1\', respectively.) 

Sec. 527(), Rem. and Bal. Code, 1910. 

State Board of Forest ronimissloners: Created — 
Personnel Terms, and oath of office —No compensa- 
tion — (Juar(er.s — Chairman — Quorum — Meetings.^ 

There is hereby created a board to be known as the state 
board of forest commissioners, consisting of the state land 
commissioner whose term of office shall be co-6xtensive 
with his term as state land commissioner, and four electors 
of the state of Washington to be appointed by the governor, 
whose term of office shall be four years from the date of 

1507S— 15 



^K 



3^ 



2 



STATE FOKESTRY LAWS — WASHINGTON. 



and the chairman is hereby directed to call a meeting ' 
thereof whenever requested in writing so to do, by three 
or more members o£ said board. [L., 1905, ch. 164, sec. 1.] 
Sec. 5277-1, Sdpp., 1913, to Rem. and Bal. Code. 

Terms in act doflned. — In this act, unless the context 
or subject matter otherwise requires, the word "board" 
shall be held to mean "state board of forest commission- 
ers"; "forester" shall be held to mean "state forester and 
fire warden"; "warden" shall be held to mean "fire 
warden"; "wardens" shall be held to mean "fire ward- 
ens"; "ranger" shall be held to mean "forest ranger"; 
"rangers" shall be held to mean "forest rangers"; "one" 
shall be held to mean "person, firm or corporation," and 
"forest material" shall be held to mean "forest slashings, 
chopping, woodland or brushland." [L., 1911, ch. 125, 
sec. 1.] 
Sec 5277-2. 

Board, duties of: Supervisiou of State's forest 
policy and management— Authorizing expenditures 
for forest protection — Appointment of State For- 
ester — Regulations concerning forest fires — Control 
and removal of forest officials — Collection of timber- 
jand data, including Are damage, illegal cutting, 
etc. — The board shall supervise all matters of forest policy 
and forest management under the jurisdiction of the State, 
and shall have power to authorize all needful and proper 
expenditures for forest protection; it shall have full power 
to appoint a forester; to make rules and regulations for 
the prevention, control and suppression of forest fires as 
it deems necessary; to regulate and control the official 
acts of the forester, his assistants, the wardens, and the 
rangers, and to remove at will any of these officials. It 
shall be the duty of the board to collect information regard- 
ing the timber lands owned by the state, tlirough investi- 
gation made by the forester, his assistants, the wardens 
and the rangers regarding the condition of the timber 
lands belonging to the state, the investigation to include 
any damage caused by forest fires, and any illegal cutting 
or trespassing upon the state timber lands. 

Acceptance of grants for State forests, after ap- 
proval of title and report thereon by attorney gen- 
eral of the State. — The board is hereby authorized, 
when in its judgment it appears advisable, to accept on 
behalf of the state, any grant of land within the state, 
which shall then become a part of the state forest[s]: Pro- 
vided That no grant shall be accepted until the title has 
been examined and approved by the attorney general of the 
state and a report made to the board of the result of such 
examination. [L., 1911, ch. 125, sec. 2.] 
Sec. 5277-3. 

State Forester: Appointment of— Salary, amount 
and how paid. — The board shall appoint a forester at an 
annual salary, the amount of which shall be fixed by the 
board, and payable in equal monthly installments out of 
the state treasury, in the same manner as the salaries of 
other state officials are paid. ^—^m. 



Expense accounts of Forester: Approval, allow- 
ance, and payment of. — The forester shall be entitled 
to all office and other necessary expenses incm'red by him 
under the authority of the board while in the actual per- 
formance of his duties. All expenses so incurred shall be 
submitted in full detail to the board for examination, and 
it approved and allowed by the board, shall be presented 
to the state auditor, who shall, if found correct, draw his 
wan-ant upon the state treasiu-er for the amount so allowed, 
and the state treasurer is hereby authorized to pay said 
amount due out of any moneys in the state treasury 
appropriated for this pui'pose. 

Salary and expense accounts of wardens: Audit- 
ing and payment of.— The board shall audit and inspect 
all bills of salary and expenses incurred by the wardens 
for their official accounts, and all other bills properly 
authorized by the wardens for the prevention, suppres- 
sion, checking, or control of forest fires. When so audited 
and inspected, the board shall present a statement thereof 
for each county, accompanied by the original bills, to the 
state auditor, who shall audit the same, and if found cor- 
rect, the state auditor shall draw his warrant on the state 
treasurer in payment thereof, and the state treasurer is 
hereby authorized to pay said warrants out of any money 
in the treasury appropriated for such purposes. [L., 1911, 
ch. 125, sec. 3.] 

Sec 5277^. 

Assistants, technical and clerical: Appointment — 
Salaries, amounts and how paid. — The forester may 
at his discretion, subject to the approval of the board, ap- 
point trained forest assistants, possessing technical quali- 
fications, and may employ necessary clerical assistants, 
and fix the amount of their respective salaries, which shall 
be payable in equal monthly installments to each assistant 
so appointed or employed. 

Forester: To serve as Secretary of Board, or dele- 
gate an assistant — Cooperative forest work.— He 
shall act as secretary of the board, or he may delegate 
that duty to one of his assistants. He shall, acting under 
the supervision of the board, and whenever he may deem 
it necessary to the best interests of the state, cooperate in 
forest surveys, in forest studies, in forest products studies, 
in forest fire fighting and patrol, and in the preparation of 
plans for the protection, management, replacement of 
trees, wood-lots, and timber tracts, with any of the several 
departments of the governments of other states, and with 
the government or with the departments of the United 
States, with the Dominion of Canada, or with any province 
thereof, and with counties, towns, corporations, and indi- 
viduals within the state of Washington. 

Supervision of forest work, including forest lire 
service. — He shall, subject to the rules and regulations of 
the board, have direct charge and superNdsion of all matters 
pertaining to forestry, including the forest fire service of 
the state. 



Liaf{ARY OF congress' 



STATE FORESTRY LAWS WASHINGTON. 



3 



Forest fire service defined. — The term "forest fire ser- 
vice" as used in this act shall be held to include all war- 
dens, rangers and help especially employed for preventing 
or fighting forest iires. 

Action re fires In emergencies. — In times of emer- 
gency or unusual danger the forester is empowered to mass 
the forest fire service of the state where its presence might 
be required by reason of forest fires, and to take charge ofi 
and direct the work of suppressing such fires. 

Enforcement of forest laws — Investigation of 
origin of fires — Prosecutions — Printing abstracts of 
laws and regulations. — The forester shall enforce all 
laws for the preservation of the forests within the slate, in- 
vestigate the origin of all forest fires, vigorously prosecute 
all violators of this act: prepare and prijit for public dis- 
tribution an abstract of the forest laws and the forest fire 
laws of Washington, together with such rules and regula- 
tions as may be formulated by the board. 

Publication of forestry information. — The forester 
may, with the approval of the board, publish tor free dis- 
tribution, information pertaining to forestry, and to forest 
products, which he may consider of benefit to the people 
of the slate. 

Annual notice to county clerks of appointment 
of wardens and rangers. — It shall be the duty of the 
forester to annually notify the county clerk in each county 
where wardens or rangers are appointed, giving the names 
of such appointees. 

Notices re fires and penalties: Posted by wardens 
and rangers, where. — The forester shall fturnish notice 
printed in large lett.ers on cloth, calling attention to the 
dangers from forest fires, and to the penalties for (he \;ola- 
tion of this act; such notices to be posted in conspicuous 
places by the wardens or rangers In all timbered districts 
along roads and trails, streams and lakes, frequented by 
tourists, campers, hunters, and fishermen, and in other 
visited regions.' 

Printed forms. — The forester shall, subject to the ap- 
proval of the board, prepare all necessary printed forms 
for use of wardens and rangers, in connection with the 
granting of applications for permits to burn; for the ap- 
pointment of wardens and rangers, and anj' and all forms 
or blanks required or desirable, and shall supply each 
warden and ranger with such forms and blanks. 

Mapping and protection of State timbered and 
cut-over lands — Reports on. — The forester shall be- 
come familiar with the location and the areas of all state 
timbered and cut-over lands, and shall prepare maps of 
each of the timbered counties showing the state land 
therein, and supply such maps to each warden and in all 
ways that are practical and feasible protect such lands 
from the dangers of fire, trespass, and the illegal cutting of 
timber, reporting from time to time direct to. the board 
such information as may be of benefit to the state in the 
care and protection of its timber. 

^ See sec. 
notices. 



-11. on p. 7, for penalty for defacing or removing posted 



Inquiry into: Extent, condition, etc., of timbered 
lands — .\creage and value of timber harvested, 
yearly — Timber production and fire data — Second 
growth timber, and reforestation — Annual re- 
port. — It shall be the duty of the forester to institute 
inquiry into the extent, kind, value and condition of all 
timber lands within the state; the amount of acres, and 
the value of the timber that is cut and removed each year, 
to determine what state lands are chiefly valuable for 
growing timber; the extent to which timber lands are 
being destroyed by fire; and also to examine into the pro- 
duction, quality and quantity of second-growth timber, 
with a view to ascertaining conditions for reforestation, 
and not later than the first day of December of each year, 
make a written report to the board upon all such tracts 
so examined by him, together with detailed information 
as to the work of the forest fu'e service of the state. [L., 
1911, ch. 125, sec. -i.] 

Sec. 5277-19. 

Arrests without warrant. — The forester, his assist- 
ants, wardens, rangers, and all police officers are hereby 
empowered to make arrests without warrant of persons 
violating this act. [L., 1911, ch. 125, sec. 19.] 

Sec. 5277-20. 

Prosecutions: Duty of prosecuting attorney — 
Penalty for failure to prosecute; applicable also to 
magistrates. — Whenever an arrest shall have been made 
for a Wolation of any of the provisions of this act or when- 
ever information of such violation shall have been lodged 
with him, the prosecuting attorney of the county in which 
the criminal act was committed, shall prosecute the 
offender or offenders, with all diligence and energy. If 
any prosecuting attorney shall fail to comply with the 
provisions of this section, he shall be guilty of a misde- 
meanor and shall be punished by a fine of not less than 
fifty dollars ($50.00) nor more than five hundred dollars 
($500.00), and by imprisonment of not less than thirty (30) 
days, nor more than one year in the county jail. The 
penalties of this section shall apply to any magistrate, 
with proper authority, who refuses or neglects to cause 
the arrest and prosecution of any person or persons when 
complaint under oath of violation of any provisions of this 
act has been lodged with him. [L., 1911, ch. 125, sec. 20.] 

Si5C. 5277-21. 

Fines: Disposition of. — All fines collected under this 
act shall be paid into the county treasury of the county 
in which the offense was committed. [L., 1911, ch. 125, 
sec. 21 .] 

PART II. FIRES. 

(This part comprises the general provisions of law, if 
any. couceming protection from forest fires. For localized 
provisions, if any, concerning protection of State-owned 
lands, see Part III.) 

(1) PROTECTIVE SYSTEM. 

(This subdl\-ision comprises the provisions of law, if 
any, defining the personnel and the administrative duties 



STATE FOBESTEY LAWS — WASHINGTON. 



of the State organization charged with the prevention, 
detection, control, and extinguishment ot forest firos. 
For specific provisions, if any, concerning similar duties 
in coniiection with railroad fires, slash disposal, and 
fallow and other fires, see subdivisions (2), (3), and (4), 
respectively.) 

Sec. 6277-2, Supp., 1913, to Rem. and Bal. Code. 

Regulations by board for prevention, control, and 
suppres.sion of fires. — (For text of provision, see this 
section on p. 2.) 

Sec. 5277^. 

State forester, fire duties of, in general: Coopera- 
tive fire work — Supervision of forestry matters, 
including forest Are service — Forest fire service de- 
fined — Action in emergencies — Enforcement of laws — 
Origin of fires, investigation of^Prosecutions — 
Abstract of fire and other laws, and regulations — 
Notice of appointment of wardens and rangers — 
Posting fire notices — Protection of State timbered 
and cut-over lands — Reports on fire worli. — (For text 
of these provisions, see this section on pp. 2-3.) 

Sec. 5277-5. 

Wardens: Appointment of, during fire danger 
season. — The forester shall, .=iibject to the approval of 
the board, have power to appoint within any county in 
this state where there is timber requiring protection, one 
or more wardens for all or any portion of the period during 
which the forester deems that forest fire dangers exist. 

Employment of, for examination of deforested 
lands — Discovery and destruction of inflammable 
material — Prevention of timber trespass on State 
lands, and enforcement of laws. — The forester may, 
subject to the approval of the board, and at such times 
and in such localities as he deems the public welfare 
demands, employ one or more wardens whose duty it 
shall be • o examine deforested lands of the state, and 
ascertain if such lands are chiefly valuable for agriculture, 
or if they are chiefly valuable for timber growing, with a 
view to reforestation. The said wardens shall, under the 
direction of the forester, engage in the discovery of inflam- 
mable material, and cause, or assist in, the burning of such 
material at such times as the burning can be done without 
endangering adjacent timber, or other property. The 
said wardens, under the direction of the forester, shall 
prevent and detect trespass and illegal cutting upon state 
timber lands, and shall enforce the laws in respect to such 
trespass and illegal cutting. 

Wardens and rangers: Suspension and discharge 
of — Appointment of successors. — The forester shall 
have power to temporarily suspend any warden or ranger 
who may be incompetent or unwilling to discharge prop- 
erly the duties of his office, and to appoint his successor 
temporarily, until his action shall be passed upon by the 
board. 

Compensation and expenses of waraens. — Each 
warden shall receive compensation not to exceed four 



dollars ($4.00) per day, and also necessar\' and proper 
expenses for the time actually employed. 

Headquarters and office. — The wardens shall make 
their headquarters at the county seat of the county which 
they represent, and be equipped with suitable office 
quarters in the county courthouse liy the county commis- 
sioners. 

Appointment of wardens upon request of county 
commissioners. — The lioard of county commissioners of 
any county in which there has been no warden appointed, 
may request the forester to appoint a warden, and the 
forester may, if in his judgment the necessity exists, 
appoint, subject to the approval of the board, one or more 
wardens for each county. 

Jurisdiction of wardens. — The authority of the war- 
dens respecting the prevention, suppression and control 
of forest fires, summcming, inqjre.ssing or employing help, or 
making arrests for the violation of this act, may extend to 
any adjacent county, or to any part of the state in times of 
great fire danger. 

Salaries and expenses of wardens: Borne propor- 
tionately by State and counties. — The salaries and 
necessary expenses of all wardens, together with all ex- 
penses incurred for help and assistance in forest fire pro- 
tection, shall be borne in the proportion of two-thirds by 
the state and one-third by the county in which the service 
was given and the expense inc\irred for forest fire protec- 
tion. 

Wardens' accounts and other fire bills: Settlement 
of, by State — Counties responsible to State for one- 
third of outlay. — All accounts of the wardens shall be 
submitted to the forester, as well as all bills for forest fire 
protection authorized by the wardens, and when such 
bills are approved and paid as provided for in section 
5277-3,' the amount of one-third of all such outlays in each 
county shall be due and payable on demand from each of 
said counties into the state treasury, and credited to the 
fund appropriated by this ac't. 

Reports by wardens and rangers. — All wardens and 
rangers shall render reports to the forester on such blanks 
or forms, or in such manner, and at such times as may be 
ordered, giving a summary of how employed, the area of 
country visited, expenses incurred, and such other in- 
formation as may be called for by the forester. [L., 1911. 
ch. 125, sec. 5.] 

Sec. 5277-6. 
Wardens: Duties of, under direction of forester. — 

Each warden shall be at all times under the direction and 
control of the forester, and shall perform such other duties 
at such times and places as he may direct. 

Posting notices of closed season and copies of 
laws and regulations. — It shall be the duty of wardens 
to post over the forest areas notices of warning giving the 
date of the clcsed season as provided for in section 5277-8,^ 



' See p. 2. 



> Sea p. 6. 



STATE FOKESTRY LAWS WASHINGTON. 



and copies of all such laws and rules as they may be 
directed to post by the fDH'ster,' 

Iiivestisiitidii and rcporl on fires — Patrol — Warn- 
ing campers and odier users of fire — Kxaniiuation of 
locomotives as to sparlt-arresters and otlier de- 
vices — Extinguishing (ires — Impressing help — En- 
forcement of laws — Prosecuting offenders. — They 
shall investigate all fires and report all of a serious or 
threatening character t > tlio forester iuiniediately. They 
shall patrol their districts; visit all parts of roads and 
trails, and frequented places andcamps as far as possilile, 
warn campers or other users of fire, see that all locomotives 
are provided with spark-arresters, and with adequate de- 
vices for preventing the escape of fire or live coals from 
ash-pans and lire-ljoxes, in accordance with the law;- 
extinguish small or smouldering fires; summon, impress 
or employ help to stop conflagrations; see that all laws for 
the protection of forests are enforced, and arrest and cause 
to be prosecuted all offenders. [1^.. 1911. ch. Il2.j. sec. 6.] 

Sec. 5277-7. 

Ex-ofHcio rangers: Wlien certain oiTicials consti- 
tute. — All state land cruisers, all game wardens, w-hen 
approved Ijy the forester, and all rangers and assistant 
rangers of the United States forest service, when recom- 
mended liy their forest supervisors, and commissioned l)y 
the forester, shall be ex-ofl\cio rangers. 

Timber cruisers and otliers: May l)c a])pointed 
rangers, wlien. — Timber cruisers and citizens of the 
state advantageously located may, at the discretion of 
the forester, be ai)pointed rangers, and vested with their 
duties and powers. 

Compensation of rangers. — -Rangers .shall receive no 
compensation for their services except when employed in 
co-operation with the state under the provisions of this 
act, and shall not create any indebtedness, or incur any 
liability on Ijehalf of the state: Provided, That rangers 
actually engaged in extinguishing, or preventing the 
spread of fire in lirush. slashings, chopjjings, timber or 
elsewhere that may endanger timber or other property, 
shall when their accounts for such services have been 
approved by the fire wardens in authority, be entitled to 
receive compensation for such services at the rate cf 
twenty-five cents (25c) per hour. [L., 1911, ch. 125, 
sec. 7.1 

(2) RAILROAD FIRES. 

(This subdivision comprises the provisions of law, if 
any, defining the responsibility of railroad and logging 
companies, the precautious to be taken by .them, and 
their liability for damages occasioned in the operation and 
maintenance of their trains and rights of way; also pro- 
visions concerning the use of spark arresters and other 
safeguards on traction, thrashing, other portable and saw- 
mill engines, and boilers.) 



' See sec. 2577-11, on p. 7, for penalties for defacing or destroying 
posted notices. 

' See also see. 5277-15, on pp. 5-6, concerning reports to be made by 
wardens and rangers on laclj of sulTicient spark arresters, etc. 



Sec. 5277-14, Sltp., 1913, to Rem. and 15..\l. Code. 

Sparli arresters, vvlien required. — It shall be unlaw- 
ful for anyone to operate any spark-emitting railroad loco- 
motive, logging locomotive, legging, or farming engine, 
or boiler, at any time during the closed season,' or for any- 
one to operate any railroad locomotive, legging locomo- 
tive, or logging or farm engine or boiler, within one-quarter 
of one mile of any forest material during the dosed seasr)n. 
without such railroad locomotive, logging locomotive, lag- 
ging, or other engine or Ijoiler is provided with and use.- 
a safe and suitable device for arresting sparks.^ 

Protective devices on ash-pans and Hre-l)oxes, 
when required. — It shall be unlawful for anyone to 
operate during the closed season any railroad locomotive, 
logging locomotive, or logging, or other engine or boiler, 
within one-quarter of one mile of any forest material, 
without such railroad locomotive, logging locomotive, or 
logging or other engine or boiler is provided with and uses 
au adequate device to prevent the escape of fire or live 
coals from all ash-pans, and all fire-boxes, except when 
said ash-pans and said tire-boxes are being cleaned when 
not in motion. 

Penalties. — Everyone failing to comply with the pro- 
visions of this section, shall upon conviction pay a fine 
for each railroad locomotive, logging locomotive, or other 
engine or boiler, for each day so operated without such 
spark arresting or without such adequate de-\ice to pro- 
vent the escape of tire or live coals from said ash-pans or 
said fire-boxes, of not less than ten dollars (.?10.G0). nor 
more than fifty dollars (550.00) per day for each railroad 
locomotive, logging locomotive, or other engine or boiler 
so used, and shall be prohilnted from further use of such 
railroad locomotive, logging locomoti^'e, or other engine 
or boiler until such spark-arrester or such adequate device 
for preventing the escape of fire or li\-e coals from said 
ash-pans and said fire-boxes, is provided and >ised there- 
wi;li.3 [L., 1911, ch. 125. sec. 14.] 

Sec. 5277-15. 

Fire and live coals not to be deposited on rights of 
way, when. — Xo one operating a railn ad shall permit to 
bo deposited liy his, or its, employees, and no one shall 
deposit during the closed season, fire or live coals upon 
the right of way outside of the yard limits, and within 
one-quarter of one mile of any forest material, without 
such deposit of fire or live coals shall be immediately 
extinguished. 

Penalties. — .\nyone violating the prowsions of this 
section respecting the deposit of fire or live coals, shall 
upon conviction pay a fine of not less than twenty-five 
dollars ($25.00), nor more than one hundred dollars (S 1 00.00) 



' For closed season, sec sec. 5277-8, on p. 6. 

2 See also sec. 5277-13, on p. 8, for requirements concerning spark 
arresters on wood-waste destructors, and power plants. 

» See see.5. 5277-19, 5277-20, 5277-21, on p. 3, for provisions concerning 
arrests, prosecutions, and disposition of fines. 



STATE FOEESTEY LAWS WASHINGTON. 



or be imprisoned in the county jail not exceeding thirty 
(30) days.' 

Wardens and rangers to report, for prosecution, 
lack of spark arresters, or of devices to prevent the 
escape of fire or live coals. — Wardens and rangers shall 
report any lack of sufficient spark-arresters, and any lack 
of adequate devices for preventing the escape of fire and 
live coals, as provided in this act,- to the forester, and to 
the prosecuting attorney of their county, and the supe- 
rior court of that county where suit is first instituted, shall 
have jurisdiction of the offense. [L.. 1911. ch. 125. sec. 
15.] 

Sec. 5277-17. 

Stationary engine, operated during closed sea- 
son: Watchman required — Area around engine to 
be cleared. — Everyone operating a stationary engine, for 
the logging of timber, or the clearing of land of tree stumps, 
or other wood material, shall during the closed season: 

(a) Maintain a watchman at the point where the said 
donkey engine, or other portable or stationary engine 
may be located, said watchman to be on duty for at least 
two hours following every time when the said donkey 
engine, or other portalde stationary engine shall cease 
operations. 

(b) Cut down all snags, stub.? and dead trees over 
twenty-five feet in height within a radius of fifty (50) 
feet from each donkey engine, or other portable or sta- 
tionary engine. fL., 1911, <-h. 125. .sec. 17.] 

Sec. 5277-18. 

Logging locomotive: Fire patrol to follow — Time 
of starting. — Everyone operating a logging locomotive 
during the closed season, shall: Have a man whose duty 
it shall be to follow each logging locomotive, except a 
locomotive using oil for fuel, for the purpose of acting as 
fire patrol, the said man to begin the said patrol at ap- 
proximately thirty (30) minutes after the starting of the 
logging locomotive which it is his duty to follow. 

Penalties for violation of provisions in Sees. 5277-16, 
5277-17, 5277-18.— Anyone who shall violate any of 
the provisions contained in section 5277-16,^ 5277-17, or 
5277-18, shall be punished by a fine not to exceed one 
hundred dollars (5100.00) or by Imprisonment in the 
county jail for not less than thirty (30) days.-* [T.., 1911, 
ch. 125, sec. IS.] 

(3) SLASH DISPOSAL. 

(This subdivision comprises the provisions of law, if 
any, for slash disposal after lumbering and other cutting 
operations.) 

Sec. 5277-5, Supp., 1913, to Rem. and Bal. Code. 

Inflammable material: Discovery and destruction 
of, by wardens. — (For text of provisions, see this section 
on p. 4.) 



' See sees. 5277-19, 5277-20, .5277-21, on p. 3, for provisions concerning 
arre.'sts, prosecutions, and di.;position of fines. ' 

! See sec. 5277-14, on p. 5, and sec. 5277-6, on pp. 4-5. 

3 See p. 7. 

< See sees. 5277-19, .';277-2D, :277-21, on p. 3, for provisions con- 
cerning arrests, prosecutions, and disposition of fines. 



Sec. 5277-8. 

Slash disposal: Closed season — Permit required — 
Penalties — Regulations, compliance with. — No one 

shall burn any forest material within any county in this 
state in which there is a warden or ranger during the 
months of June to September, inclusi.,'e, in each year, 
which period is hereby designated as the closed season, 
without first obtaining permission in writing from the 
forester for a warden],' or a rjinger, and afterwards com- 
plying with the terms of said permit: and anyone violating 
any provisions contained in the preceding portions of this 
section shall, upon conviction thereof, be fined not less 
than twenty-five dollars ($25.00) nor more than five 
hundred dollars ($500.00), or be imprisoned in the county 
jail not exceeding thirty (30) days.^ Such permission for 
burning shall be given only upon compliance with such 
rules and regulations as the board [shall] prescribe, which 
shall be only such as the board deems necessary for the 
protection of life or property. 

Permits: Refused, revoked, or postponed. — The 
forester, any of his assistants, any warden or ranger, may 
at his discretion, refuse, revoke or postpone the use of 
permits to burn when such act is clearly necessary for the 
safety of adjacent property. [L., 1911, ch. 125, sec. 8.] 

Sec. 5277-9. 
Slash disposal: Preparation of area for burning. — 

No one shall burn any forest material until all dry snags, 
stubs and dead trees over twenty-five (25) feet in height, 
within the area to be burned, shall have been cut down, 
and until such other work shall have been done in and 
ai'ound the slashing or chopping, to prevent the spread of 
fire therefrom, as shall be required lo be done by the 
forester, or any warden or ranger. 

OflScial watchman in charge. — WTien any person 
shall have obtained permission from the forester, or 
warden or ranger, to burn any slashings made for the pur- 
pose of clearing land, the warden may, at his discretion, 
furnish him with a man to supervise and control the burn- 
ing, who shall represent and act for such warden, and shall 
have all the power and atithority of a warden while en- 
gaged in such service, including the right to revoke such 
permit, if in his opinion the burning authorized would 
endanger any valuable timber or other property. Such 
man shall serve only until such time as the party burning 
may be able to keep the fire under control himself. 

Employment of assistants in fire-flghting — Tools — 
Transportation. — The forester and wardens are hereby 
authorised and empowered to employ a sufficient number 
of men to extinguish or prevent the spreading of any fires 
ihat may be in danger of destroying any valuable timber 
or other property in this state. The forester, or any 
warden by special authority of (he forester, may provide 
needed tools and supplies, and transportation when neces- 
sary for men so employed. 

1 The words "or a warden" are contained in the ofTicial cop3' of the 
Session Laws of fll. 

2 See sees. £277-19, £277-20, £277-21, on p. 3, for provisions con- 
cerning arrests, prosecutions, and disposition of fines. 



STATE FOEESTKY LAWS — WASHINGTON. 



Compensation of assistants and watclinian. — 

Every man so employed, and also the represenlalive of the 
warden 8uper\ising the burnini;, shall be entitled to com- 
pensation of twenty-five cents per hour for each hour's 
actual sorivce; and the warden shall issue a certificate to 
each man so employed showing the number of hours 
worked by him and the amounts due to him, upon which, 
after approval by the forester, the man shall be entitled 
to receive payment from the state in the manner provided 
for in section 5277-3.' 

Penalty for refusing; to iissiNl. -Any person refusing 
to render assistance when culled upon by any warden, 
shall be guilty of a misdemeanor, and shall be punished 
by a tine of not less than ten dollars ($10.00) nor more than 
one hundred dollars ($100.00).- [L., 1911, ch. 125, 
■■lec. 9.] 

Sec. .5277-U). 

Permits: Suspension by governor in times and 
iocaiities of unusual fire danger. — (Kor text of provi- 
sion, see this section, on lliis page.) 

Sec. 5277-12. 

Nuisance: Inadequately protected forest land, 
and inflamniabie material, when declared to be — 
.U-tion by forester. — Any and all inadeiiuately pro- 
tected forests, or deforested land covered wholly or in part 
by any inflammable debris, or other\\dse likely to further 
the spread of fire, which by reason of such location or con- 
dition, or lack of protection, endangers life or propertj'. 
when adjoining, lying near, or intermingling with other 
forest land, is hereby declared to be a public nuisance, 
and whenever the forester shall leam thereof, he shall 
notify the owner, or person in control or possession of said 
l;i.nd, adxise him of means and methods that should be 
taken for its protection, and request him to take the proper 
steps to that end. [L., 1911, ch. 125, sec. 12.] 

Sec. 5277-16. 

Slash disposal in clearing risht of way: Require- 
ments — Permit to be obtained. — Everyone clearing 
right of way for railrcad. wagon road, or other road, shall 
pile and burn on such right of way all refuse timber, 
slashings, choppings and brush cut thereon, as rapidly 
as the clearing or cutting progresses, and the weather con- 
ditions permit, or at such other times as the forester, cr 
any of his assistants, cr any warden may direct, and before 
doing S3, shall obtain a permit.^ 

Burning not to be required, when. — During the 
closed season such liutTiing shall not be required to be 
done, while the forester, any of his assistants, or any 
warden in authority shall refuse to i,ssue a permit for such 
burning. 

Clearing lands, and logging timber: Restrictions 
to protect green timber. — Xo one slashing brush or 
timljer for the purpose of clearing land, or cutting or Icg- 

1 See p. 2. 

2 See sees. ;27;-19, ;'277-20, .'277-21, on p. 3, tor provisions con- 
cerning arrests, prosecuticns. and disp:isiticn of tines. 

* For penalties, see sec. 1277-18 on p. 6. 



ging timber, shall fell, or permit to be felled, trees, in such 
a manner that the tops or branches shall fall into green 
timber not owned by the one felling or permitting the 
felling of such trees, wdthout first obtaining permission of 
the owner of said green timber. [L., 1911, ch. 125, sec. 10.] 

(4) FALLOW AND OTHER FIRES. 

(Thi,-i sulxlivision comprises the provisions of law, if 
any, concerning the burning of fallow, brush, etc., by 
farmers, and the general setting of fires to woods by hunt- 
ers, rishermon. and others. > 

Se( . .")277- 10, Si I'P., 191:',. to Hem. .v.\u Uai.. Coue. 

Permit.s: Suspension by governor in times and 
localities of unusual lire danger.~In times and locali- 
ties of unusual lire danger, the governor, with the advice 
of the forester, may suspend any or all permits or privi- 
leges authorized by section 5277-8,' and may prohibit 
absolutely the use of fire therein mentioned. 

Ol)en season for hunting: Suspended by governor, 
when. Whenever during an open season for the hunting 
of any kind of game within this state, it shall appear to 
the governor that by reason of extreme drought, the use 
of fire arms or lire by hunters is liable to cause forest fires, 
he may by proclamation suspend the open season and 
make it a closed season for the shooting of wild birds or 
animals of any kind, for such time as he may designate, 
and during the time so designated all provisions of law 
relating to closed seasons for game shall Ije enforced. [I,., 
1911, ch. 125, sec. 10.] 

Sec. 5277-1 I 
Posted notices, defacing or removing: Penalties. 

Any person who shall ■willfully or needlessly deface, or 
remove any warning placard or notice posted under the 
requirements of this act,= shall be guilty of a misdemeanor, 
and shall upon conviction be punished by a fine of not 
less than twenty-live dollars (.$25.00) nor more than one 
hundred dollars (SIOO.OO) for each offense, or by imprison- 
ment in the county jail not exceeding tliirty (30) days. 

Penalties for causing fires.— Any person who shall 
upon any land within this state, set and leave any fire 
that shall spread or damage or destroy property of any 
kind not his own, shall upon con^'iction, bo punished by 
a fine of not less than ten dollars ($10.00) nor more than 
five hundred dollars ($500.00). If such fire be set or left 
maliciously, whether on his own or on another's land, with 
intent to destroy property not Ms own, he shall be pun- 
ished by a fine of not less than one hundred dollars ($100.00) 
nor more than one thousand dollars (Sl,00O.CO\ or impris- 
onment in the <-ounty jail for not less than one month, nnr 
more than one year, or by both such fine and imprison- 
ment, and .'Jhall be lialde for all damages in a civil suit.'' 

During closed season, leaving fires unquonched — 
Causing fires by dropping lighted cigars, matches, 

1 See p. 6. 

» Sec sec. ."277-4 on pp. 2-3 and sec, 5277-6 on pp. 4-.i. 

2 See sees. .' 277-19, 5277-20, ; 277-21, on p. 3, for provisions concerning 
' arrests, prosecutions, and disposition of ^es. 



STATE FOEESTEY LAWS-^WASHINGTON. 



or use or firearms, etc. — During the closed season,' any 
person who shall kindle a fire on land not his own, in or 
dangerously near any forest material and leave same un- 
quenched, or who shall be a party thereto, or who shall by 
throwing away any lighted cigar, matches, or by use of 
firearms, or in any other manner, start a fire in forest 
material not his own, and leave same unquenched, shall 
upon conviction be fined not less than ten dollars (§10.00) 
nor more than one hundred dollars (.$100.00) or be impris- 
oned in the county jail not exceeding two (2) months. 
L., 1911, ch. 125, sec. 11.] 
Sec. 5377-13. 

Mill wood-waste, burning in the open: Precau- 
tions required. — It shall be unlawful for anyone manu- 
factm-ing lumber or shingles, or other forest products, to 
destroy wood-waste material by biu-ning the same at or 
near any mill situated within one-quarter of one mile of 
any forest material, without properly confining the place 
of said burning and without furtlier safeguarding the siu-- 
rounding property against danger from said bm-ning by 
such additional devices as the forester may require. 

Mill wood-waste, destroying in burner or destruc- 
tor: Spark arrester required.— Power plant having 
spark-emitting outlet: Spark arrester required.— It 
shall bo unlawful for anyone to destroy any wood-waste 
material by fire within any burner or destructor operated 
at or near any mill, and situated within one-quarter of one 
mile of any forest material, or to operate any power-pro- 
ducing plant using in connection therewith any smolce" 
.stack, chimney, or other spark-emitting outlet, without 
installing and maintaining on such burner, or destructor, 
or on such smokestack, chimney or other spark-emitting 
outlet, a sate and suitable device for arresting sparks. 

Penalties. — Anyone violating the provisions of this 
section shall upon conviction thereof, be punished by a 
fine of not less than fifty dollars ($50.00) nor more than 
five hundred dollars ($500.00) for each and every violation, 
or by imprisonment of not less than thirty (30) days in the 
county jail. [L., 1911, ch. 125, sec. 13.] 

PART in.— PUBLIC FORESTS. 

(This part comprises the provisions of law, If anv, for 
the establishment and care of State and municipal forests 
and nurseries, and for the practice of forestry on these and 
on other lands owned by the State.) 

(1) STATE FORESTS. 

(For other provisions, if any, concerning State forests 
and nuraeries, see Tart I.) 

Sec. 6667, Rem. anii Hal. ('oriK, 1910, amendei) nv L., 

1915, Ch. 147, Sec. 2. 

Cut-over State lands, when reserved from disposal 
and certified to forester: Protection and reforestation 
thereof.-* * * When the merchantable timber has 
been sold and actually removed from any land, the board 



> See sec. .'i277-.S, on p. 6. 



of State land commissioners ' may classify the land and 
such portions thereof as may be found most suitable for 
reforestation may, by order of the board, be reserved from 
any future sale and when once so reserved shall not there- 
after be subject to sale or other disposition. The com- 
missioner of public lands shall certify to the state fire 
warden and forester all such reserves so made and there- 
upon it shall be the duty of the state fire warden and 
forester to protect such land and the remaining timber 
from fire and to reforest the same: * * * 
Sec. 5277-2, Supp., 1913, to Rem. and Bal. Code. 

Grants for State forests: Board may accept — 
Title to lands, examination of, and report upon.— 
(For text of provisions, see this section, on p. 2.) 

(2) OTHER STATE LANDS. 

(Laws which provide merely for the protection of State 
lands other than State forests from fire and from timber 
and other forms of trespass, and for the sale of timber and 
other forest products therefrom, are not included because 
their intent is not one of forestry.) 

Sec. 5277-2, Supp., 1913, to Rem. and Bal. Code. 

State Board of Forest Commissioners: To collect 
information concerning condition of State timl)er 
lands, through forest officers. — (For text of these pro- 
visions, see this section, on p. 2.) 

Sec. 5277-4. 

State forester, duties concerning timljer on State 
lands: Enforcement of laws for pre.wrvation of the 
forests within the State— Mapping and protection 
of timl)ered and cut-over lands, and reporting 
thereon to Board— Inquiry into extent, kind, value, 
and condition of all timbered lands within the State; 
acreage and value of timber harvested yearly; timber 
production and fire data; and facts concerning 
second-growth timber and reforestation— Annual 
report upon investigations, and work of the forest 
Are service. — (For text of these provisions, see this sec- 
tion, on pp. 2-3.) 

Sec. 5277-5. 

Fire wardens, timber duties of: Employment 
where fire dangers exist, and for examination of de- 
forested land.s— Discovery and destruction of in- 
flammal)le material— Pravsntinn of trt'spas.s, etc.— 
(For text of provisions, see this section, on p. 4.) 
(3) MUNICIPAL FORESTS. 

PART IV. TAXATION. 

(This part comprises the provisions of law. If any, cov- 
ering the classification and taxation of forested lands and 
lands to be forested, the purpose of which is to encourage 
the practice of forestry by private owners; also such 
bounty and exemption laws as have a like purpose. For 
similar taxation provisions, if any, concerning State or 
municip^ forests, or other State lands, see Part III.) 



1 The boaiil of Static laiid cammissioners is composed of the commis- 
sioner of public lands, the secretary of state, and the State trea.surer. 
(Sec. 6605, Hem. and Bal. Code, 1910, as amended by L., 1915, ch. 6, 
sec. 1. See volume of session laws.) 

WA.SHI.NGTON : GOVEKN.ME.NT PKI.VTING OFFICE : 1916 



.I^J 



Dnte of issue, Drceraber 24, lOlo. 

UNITED STATES DEPARTMENT OF AGRICULTURE 



FOREST SERVICE 



Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 

INDIANA 

(Serial 1 -Though Reg. Sess., 19l5i 

C'ompilnil in the (Iffice of State ('ooppration by Jeannio S. Peyton 
PURPOSE OF COMPILATION. 

Information about the forestry laws of the various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more; and requests for 
such information, comhig from legislators, State administrative ofTicers, forestrj- associations, 
forest schools, and other bodies and individuals, have led to the compilation, informally, of sueli 
State laws as bear more or less directly on the practice of forestry. 

Tlie purpose of the compilation, of which this serial is a part, is to make easy a comparative 
study of the laws of the different States and to further the development of practical forestry 
legislation. By the classification of the laws and parts of laws under the headings: "Adminis- 
tration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the 
progress of each State, or lack of it, in these particulars is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws and 
'-those finer points of reference proper only to a legal or administrative manual have been omitted. 



PART I.— ADMINISTRATION. 

iTliis part lomprisas the provisions of law, if any, defin- 
ing the general administrative duties of the regularly con- 
stituted State forestry officials; also certain miscellaneous 
forestry pro\-isions. For specific provisions, if any, con- 
cerning administrative duties of these or other State oflicers 
ill connection with forest fires. State and mtmicipal forests 
and nurseries or other State lands, or forest taxation, see 
Parts II, III. and IV, respectively.) 

Six. 74.50, Bi'kn's' Anno. Ind. .St.\t., 1914. 

.State Board of Forestry: Created — Personnel — 
Secretary, ex-offlcio State Forester and Superin- 
tendent of State Forest Reserves, qualineations of — 
Terms of office — Salary and expenses — Quorum- 
President. — That a board is hereby created and estab- 
lished which shall be known under the name of the state 
board of forestry. It shall consist of five members, who 
shall be ap])ointed by the governor, as follows: One from 
the membersliip of the hardwood lumber dealers' associa- 
tion of Indiana, one from the membership of the retail 
15095—15 



lumber dealers' association of Indiana, one from the faculty 
of Purdue University, one who is actively engaged in 
farming and one who shall have special knowledge of the 
theory and art of forest preservation and timber culture 
and technical knowledge of the topography of the state, 
and the last described member, shall, upon his appoint- 
ment and qualification become and be the secretary of said 
board, ex-officio state forester and superintendent of state 
forest reserves. All of said members shall hold their offices 
for a term of four years, and each of said members, except 
the secretary, who is hereinafter provided for, shall receive 
a salary of one hundred dollars per annum and mileage not 
to exceed three cents a mile for necessary miles traveled 
in attending necessarj' meetings of said board. Said sal- 
ary and mileage shall be paid out of the treasury of the 
state upon warrants of the auditor of state, and the mem- 
bers shall certifj' the amounts due them, separately, upon 
vouchers duly attested before some officer authorized to 
administer oaths. A majority of said board shall consti- 
tute a quorum, and said board shall annually elect from 



1)'^%^ 



STATE FORESTRY LAWS INDIANA. 



its number a president: Provided, That members of the 
beard heretofore appointed shall serve during the term for 
wliich they were appointed. [L. 1901, ch. 49, sec. 1; 
amended by L. 1903, ch. 44, sec. 1.] 

Sec. 7451. 

State Board of Forestry: Oath of office. — Before 
entering upon the discharge of their duties, the members 
of said board shall each take and subscribe an oath of office 
before the clerk of the supreme court that they will faith- 
fully and honestly discharge the duties of said offices, 
which oath of office shall be filed in the office of the secre^ 
tary of state. [L. 1901, ch. 49, sec. 2.] 

Sec. 7452. 

State Board of Forestry: Meetings.— The board shall 
meet at least once each quarter in the city of Indianapolis 
and as often as they may deem necessary upon five days' 
notice signed by the president and secretary, and in the 
absence of the president, a chairman shall be chosen to 
preside. The minutes of all meetings shall be recorded by 
the secretary in a book to be kept for that purpose. [1-. 
1901-, ch. 49, sec. 3.] 

Sec 7453, 

State Board of Forestry, duties of: Collection and 
classification of forest data — Recommendations re 
forest preservation and timber culture, and estab- 
lishment of State forest reserves — Annual Reports. — 
It shall be the duty of said board to collect, digest and 
and classify information respecting forests, timber lands, 
forest preservation and timber culture, and to recommend 
plans and methods for forest preservation and timber cul- 
ture and for the establishment of state forest reserves. 
The board shall, annually, on or before the first day of 
December, file with the governor a report. [L. 1901, ch. 
49, sec. 4.) 

Sec. 7454. 

Secretary of Board: Office, and duties. — The secre- 
tary of the board shall keep his office at Indianapolis, in a 
room lo be furnished said board by the custodian of the 
state house, and shall perform such duties as are prescribed 
by this act or may be required by the board; and he shall, 
as far as practicable, submit to the associations and meet- 
ings of timber dealers, wood-workers, farmers and engineers 
of maintenance of way of railroads, information and facts 
as to forests and timber. [L. 1901, ch, 49, sec, 5,] 

Sec 7455, 

Secretary of Board: .Salary and expenses of, and 
salary of clerk — Time devoted exclusively to work of 
office — Payments due to, how made — Expenses of 
publication. — The secretary shall receive an annual 
salary of eighteen himdred dollars. For expenses of office 
and traveling, an amount not exceeding .$1,000; clerk six 
hundred dollars ($()00), Said secretary shall give his ex- 
clusive time and attention to said office and shall not hold 
any other office, appointment or position other than herein 



provided for. The president of the board shall quarterly 
certify the amount due the secretary upon vouchers duly 
attested by the secretary before some officer authorized to 
administer oaths, and the amount so certified shall be paid 
to the secretary out of the treasury of the state upon war- 
rant of the auditor of state. That expenses of publication 
shall be paid from expense fund of the state printing 
board, [L. 1901, ch. 49, sec. 6; amended by L. 1903, 
ch, 44, sec, 2.] 

PART II.— FIRES. 

(This part comprises the general provisions of law, if any. 
concerning protection from forest fires. For localized pro- 
visions, if any, concerning protection of State-owned lands, 
see Part III.) 

(1) PROTECTIVE SYSTEM. 

(This subdi\asion comprises the pro\'isions of law, if any, 
defining the personnel and theadministrati\'e duties of the 
State organization charged yn\\\ the prevention, detection, 
control, and extinguishment of forest fires. For specific 
provisions, if any, concerning similar duties in connection 
\vith railroad fires, slash disposal, and fallow and other 
fires, see subdivisions (2), (3), and (A), respectively.) 

Sec 2263. 

Township Road Supervisors: Employing help to 
extinguish fires — Payments — Rates. — It shall be the 
duty of the township road supervisor when any woods, as 
in section 1,' shall become on fire in his road district to 
employ such help as he may need to extinguish such fire, 
and himself and such help as he employs shall be paid by 
the to\vnship trustee from the general expense funds of the 
township at the rate of $1,50 per day for the time actually 
occupied in extinguishing such fire. fL. 1905. ch, 49. 
sec. 2. J 

(2) RAILROAD FIRES. 

(This subdivision comprises the provisions of law, if 
any, defining the responsibility of railroad and logging 
companies, the precautions to be taken by them, and 
their liability for damages occasioned in the operation and 
maintenance of their trains and rights of way; also ])ro- 
visions concerning the use of spark arresters and other 
safeguards on traction, thrashing, other portable and 
sawmill engines, and boilers.) 

Sec 5525a. 

Railroads: Responsible In damage for Injuries 
caused by fire from locomotives— Insurable Interest- 
Burden of proof as to contributory negligence— Fire 
clauses in contracts re private side-tracks. — That 
each railroad corporation owning or operating a railroad 
in this state shall be responsible in damage to evei-y per- 
son or corporation[s] whose property may be injured or 
destroyed by fire communicated directly or indirectly b>- 
locomotive engines in use upon the railroad owned or 
operated by such railroad corporations, and each such 
railroad coqwration shall have an insurable interest in the 
property upon the route of the railroad owned or operated 
by it, and may procure insurance thereon in its own be- 

1 See Code sec. 2262, on p. 3. 



I nnRARY OF CONGftESS 



STATE FORESTRY LAWS INDIANA. 



halt for ita protection against such damages: Provided, 
In all actions instituted under this act the burden of 
jiroving the defense of contributory negligence shall be 
upon the defendant. Such defense may be proved 
without .special plea: Provided, That this act shall not be 
construed to prevent or affect in any wise fire clauses 
which may be inserted in contracts between raihoad 
companies and other parties, relative to the construction 
of and operation over jirivate sidetracks. [I, 1911. ch. 
1(17. si-c. 1. 1 

Sec 5525b. 

Railroad corporations iletlued. — The term ■railroad 
corporations" contained in this act .shall be deemed and 
taken to mean all corporations, companies and individuals 
now owning or operating, or which ma>- hereafter own or 
operate, any railroad within this state. |L. 191 1 , ch. 107, 
sec. 2.) 

(3) SLASH DISPOSAL. 

(,This subdivision comprises the provisions of law, if 
any, for slash disposal after lumbering and other cutting 
operations.) 

(4) FALLOW ANn OTHER FIRES. 

(This subdivision comprises the provisions of law, if 
any, concerning the burning of fallow, brush, etc., by 
larmer.s, and the general setting of fires to woods by 
hunters, li.shermen. and others.) 

Skc. 22U1. 

Woods, prairie, marsh, etc., maliciously l)iirning: 
Penalty. — Whoever maliciously or wantonly sets fire to 
any woods, or to anything growing or being upon any 
marsh, prairie or grounds, not his own properly, or mali- 
ciously or wantonly permits any fire to pass from his own 
marsh, prairie or grounds, to the injury or destruction of 
the property of any other person, shall, on conviction 
be fined not less than five dollars nor more than one 
hundred dollars, to which may be added imprisonment 
in the county jail not exceeding thirty days. [L. 1905, 
ch. 169, sec. :{72.] 

Sec 2262. 

Woods, setting on fire: Fine -Liability for dam- 
ages— Prosetntion— Action against prosecuting at- 
torney for non-feasance— Bondsmen liable for 
<lamages sustained.— That any ])er.son who shall set fire 
to any woods belonging to another or shall place a fire on 
his property and permit it to spread to the woods of 
another shall be liable to a fine of not less than $5 or more 
than .?50, and furthermore, shall be liable to the owner or 
owners for the full damages sustained by reason thereof, 
and it shall be the duty of the prosecuting attorney of 
the county to faithfully investigate and prosecute each 
and every case, and any failure to do so by him stall be 
sufficient evidence for his removal from office, and his 
bondsmen shall become liable for the full damage hereof 
sustained. [L. 1905. ch. 49. sec. 1.] 



PART III. -PUBLIC FORESTS. 

(This part comprises the provisions of law, if any, for 
the establishment and care of State and municipal forest'* 
and nurseries, and for tlie practice of forestry on these 
and on other lands owned by the State.) 

(1) STATE FORESTS. 

(For other provisions, if any, concerning State forests 
and nurseries, see Part I.) 

Sec. 7456. 

State forest reservation, laboratory and State 
nurseries: Appropriation for purchase of land 
Amount annually allowed for management.- That 

there be and is hereby set a.side a sum of money out of 
an\- money not otherwise appropriated sufficient to pur- 
chase two thousand acres of land by the state board of 
forestry for the purposes of a state forest reservation, 
laboratory of forestry demonstration and state nurseries, 
and that the sum of one dollar and fifty cents per acre 
annually thereafter he allowed to defray the expenses of 
management and labor of the same. [L. 1903. ch. 60. 
sec. 1.] 

Sec. 7457. 
State forest reservation, etc.: Location of land, 

and price.— The hoartl of forestry shall purchase siud 
land in any county or counties of the state, which, in it>- 
judgment, affords the best opportunities for the purpose.-; 
prescribed: Provided, That the land so purchased shall 
not exceed a cost of eight dollars per acre, and the land 
so purchased shall be taken in title in the name of the 
Btale of Indiana. (I,. 1903, ch. 60, sec. 2.] 

Sec. 7458. 

State forest reservation, etc.: Management — Ex- 
penses, payment of.— The board of forestrj' shall manage 
and shall estabhsh such rules and regulations governing 
the management and work as are necessary to execute 
the plans it may project, and the expensa of the same 
shall be paid quarterly from the fund designated for that 
purpose out of the state treasury, upon warrant by the 
auditor of stats when vouchers are presented to said 
auditor duly certified to by the president and secretary 
of ths board before some officer authorized to administer 
oatlis. [L. 1903, ch. 60, sec. 3.] 

Sec. 7459. 

State forest reservation, etc.: Receipts from, dis- 
posal of, by Secretary of Board— Bond of Secretary.- 

The .secretary of the board shall receive all money to 
which the state may be entitled by rea-son of the sale of 
any timber, leases, contracti* for the mining and removal 
of minerals or from any source whatever from such land, 
and he shall immediately pay the same ov5r to the state 
treasurer a^ a part of the revenues of the state, and the 
secretary shall give his bond, to the governor of the state, 
in the sum of five thousand dollars for the faithful dis- 
charge of his duty. [L. 1903, ch. 60, sec. 4.] 



STATE FORESTRY LAWS INDIANA. 



Sec. 7460. 

State forest reservation, etc.: Rights of way across, 
granting. — That the state board of forestry shall have the 
right to grant and convey by deed rights of way to elec- 
tric and steam railroads and to telegraph and telephone 
companies to construct and operate their lines across the 
lands of the Indiana state forest reservation, laboratory of 
forestry demonstration and state nurseries, fl^. ]!I07, ch. 
57, sec. ].] 

Skc. 7461. 

State forest reservation, etc.: Rightjs of way across, 
approval of. — The terms and conditions upon wliich 
such rights of way are granted and conveyed by deed 
shall be submitted to and approved by the governor, 
the attorney-general and the auditor of state, before the 
same shall become operative or possession taken there- 
under. (L. 1!)07, ch. 57, sec. 2.] 

(2) OTHER STATE LANDS. 

(Laws which prov-ide merely for the protection of State 
lands other than State forests from fire and from timber 
and other forms of trespass, and for the sale of timber and 
other forest products therefrom, are not included because 
their intent is not one of forestry.) 

(3) MUNICIPAL FORESTS. 

Sec. 4276a. 

Local Forestry Associations: Formation — Powers 
to establisti and maintain Forests- Affiliation with 
Indiana forestry association. — That any number of 
persons not less than five may voluntarily associate them- 
selves by written articles of association, in duplicate, 
.signed and acknowledged by each person who may be a 
member at the time of the organization, specifying the 
name of such association as the forestry association of 
the county, city, town or township, as the case may be, 
where it is contemplated to establish and maintain a 
public forest; one copy to be filed with the recorder of 
the county, which shall be recorded in the proper book 
in such office; the other to be filed with the secretary of 
the Indiana forestry association. And thereupon such 
association shall become a corporation perpetually with 
(lowers to establish and maintain forests for the uses and 
purposes herein provided. Any person may become a 
member of the association by consent of the forestry 
board named in this act. Such association may establish 
annual and life membership fees. Every such associa- 
tion shall become affiliated with the Indiana forestry 
association without charge under such rules and regula- 
tions as that association may from time to time provide. 
|L. 1913, ch. 13, sec. 1.] 

Sec. 4276b. 

Forestry Boards of associations: Officers — Duties- 
Bonds — Vacancies, liow flUed — No compensation — 
Term of service. — Every association shall name in its 
articles five (5) persons of the county interested in the 
subject of forestry as the forestry board of such associa- 
tion. The board shall chouse from their number a jiresi- 



dent, secretary and treasurer and forester, and fix their 
duties and require bonds for the performance of such 
duties. Upon the death, resignation or removal of any 
member of such board the members of that association 
shall select some fit person to fill such vacancy; and all 
vacancies shall be filled by the remaining members of 
such association. The members of the board shall serve 
without compensation and hold during good behavior. 
[L. 1913, ch. 13, sec. 2.] 

Sec 4276c. 

Gifts to associations: Title to vest in forestry 
board — Property non-taxable Title to lands of 
lapsed associations to vest in the State of Indiana. — 

Every such association may accept gifts of money, lands, 
and property for its use in acquiring and maintaining 
forests. And for that purpose it may acquire title to 
lands by gift, devise or purchase. The title to all proj)- 
erty howsoever given or acquired shall vest in such for- 
estry board and the same shall not be sold or inciunbered, 
but shall be held in perpetuity for forestry piu'poses for 
the benefit of the public. The property of such associa- 
tion shall not be taxable for state, county, township, 
town, or any other purposes. In case any local associa- 
tion shall lapse or cease to maintain its organization, the 
title to the lands held by it shall vest in the State of 
Indiana. [L. 1913, ch. 13, sec. 3.] 

Sec. 4276d. 

Contributions i)y county commissioners, common 
councils, and others, towards acquiring and main- 
taining Forests: How made, and used— Copy of order 
to be filed with Indiana forestry association. — It shall 
be lawful for the boards of commissioners of the several 
counties of this state and the common councils and boards 
of trustees of the cities and towns in any county and the 
trustees of any township where any forest is established 
to assist in acquiring and maintaining the same by con- 
tributions to such associations which may be sums in 
gross or annual payments from year to year as may be de- 
termined at the time of the making or adoption of the 
order of [or] ordinance therefor. All such funds shall be 
used only by the forestry board of the association for the 
purchase, improvement and development of the forests to 
which the same may be dedicated and shall continue 
irrevocable for the time or period specified in such order 
or ordinance. A copy of every such order or ordinance 
shall be filed in the office of the recorder of the county and 
a duplicate thereof with the secretary of the Indiana for- 
estry association. [L. 1913, ch. 13, sec. 4.| 

Sec. 4276e. 

Lands acquired by associations: Reports thereon 
to be filed with the Indiana forestry association.- - 

Every association acquiring land by gift, devise, purchase, 
or otherwise, shall report in writing to the secretary of 
the Indiana forestry association a description of such 
land and how and from whom acquired and the cost 
thereof, if any. [L. 1913, ch. 13, sec. 5.) 



STATE FORESTRX LAWS — INDIANA. 



Sec. 4276f. 

Forestry lioanls of assoriationH, duties of: Culti- 
vation and protection of Forests — Disposition of 
proceeds tlierefroiu. — It shall be the duty of the forestry 
liiKirU of every forestry association to plant, protect and 
(■ulti\ate the forestry lands authorized to be acquired by 
this act in such \vay as to produce trees of the kinds well 
suited for lumber and other purposes; and the product of 
the forest when sold by such forestry board and any other 
uioneys ari.sin<; on account of such lands shall be used for 
acipiiring other lands for and reforesting and maintaining 
the forest so that the same may be a means of affording the 
enlargement, continuance and maintenance of the forest 
in perpetuity; any surplus not so required to go to the 
school fund for [of] this state. [L. 1913, ch. 13, sec. 6.] 

Sec. 4276g. 

Forests: Use of, as play-grouuds, pleasure resorts, 
etc. — The forestry board shall have power to permit the 
forest to be used as playgrounds, for picnics, and other 
meetings for the pleasure, health and enjoyment of the 
l)eople, when the same can be had without injury to the 
forest, and free of charge, under such rules and regula- 
tions as the forestry board may from time to time adopt 
and provide. [L. 1913, ch. 13, sec. 7.) 

Skc. 4276h. 

Injury of trees iu Forests: Penalty — Fines to go 
toward maintenance of Forest. — After the establish- 
ment of any such forest it shall be a misdemeanor for any 
person to injure, deface, harm or destroy any tree in such 
forest without the consent of the forestry board. .iVny 
offender upon complaint of any member of the forestry 
board shall be arrested and fined by any justice of the 
Ijeace in any sum not less than five times the value of 
the tree destroyed or the injury done, which sum when 
recovered shall be paid to the forestry board and become 



a part of tlie fund for the maintenance of the forest. [L. 
1913, ch. 13, .sec. S.| 

Sec. 42761. 

Eiuployiuent of foresters. — When necessary the for- 
estry board shall have power to employ foresters and 
others to plant, protect, cultivate and luaiiitaiu the for- 
est. [L. 1913, ch. 13, sec. 9.] 

Sec. 427tij. 

President of earii Board, a nieniljcr of tiic State 
association.— The i>resident of every forestry board shall 
ex officio be a member of the Indiana forestry association 
fL. 1913, ch. 13, sec. 10. | 

Sec. 4276k. 

Use of Forests l>y teacliers. — Any teacher in any of 
the public schools or universities of this state giving in- 
struction on the subject of forestry shall have the right 
without charge to take the pupils and students of such 
schools to any public forest as a means of giving instruc- 
tion on the subject of forestry. [I/. 1913, ch. 13, sec. ll.j 

Sec. 42761. 

Construction of act. — This act shall be liberally con- 
strued and so as to encourage and promote forestry through- 
out the state. And for such purpose the legislature re- 
serves the right to amend this act from time to time when 
it shall be necessary to further the purposes of this act. 
[L. 1913, ch. 13, sec. 12.] 

PART IV.— TAXATION. 

(This part comprises the provisions of law, if any, cov- 
ering the classification and taxation of forested lands and 
lands to be forested, the purpose of which is to encourage 
the practice of forestry by private owners; also such 
bounty and exemption laws as have a like purpose. For 
similar taxation provisions, if any, concerning State or 
municipal forests, or other State lands, see Part III.i 



WASaiNQTON : GOVEKXME.NT PKI.\T1> 



Date ot Issue, Jan. 3, 1916. 



UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 

MINNESOTA 

(Serial 1— Through Reg. Sess., 1915) 

Compiled in the Office of State Cooperation by Jeannie S. Peyton 
PURPOSE OF COMPILATION 

Information about the forestr}- laws of the various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more; and requests for 
such information, commg from legislators, State administrative officers, forestry associations, 
forest schools, and other bodies and individuals, have led to the compilation, inforaially, of 
such State laws as bear more or less directly on the practice of forestry. 

The purpose of the compilation, of which this serial is a part, is to make easy a comparative 
study of the laws of the different States and to further the development of practical forestry 
legislation. By the classification of the laws and parts of laws under the headings, "Adminis- 
tration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the 
progi-ess of each State, or lack of it, in these particulars is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws and 
t hose finer points of reference proper only to a legal or admitiistrative manual have been omitted. 

PART I.— ADMINISTRATION. 

(This part comprises the provisions o£ law, if any, defin- university ( ) and one shall be appointed upon the recom- 

ing the general administrative duties of the regularly con- mendation of each of the following bodies: The state 

stituted State lorestrv ofhcials; also certain miscellaneous • it i • . ,^i ,. , i i-' ,^ i • , , 

forestry provisions. "For specific provisions, if any, con- agricultm-al society, the state horticultural society, and 

cerning administrative duties of these or other Slate ^^^^ state game and fish commission— provided suitable 

officersin connection with forest fires. State and municipal persons be recommended by them to the governor not 

forests and nurseries or other State lands, or forest taxation, i^ter than January 31st, of the year in which such terms 

see Parts II. III. and IV, rcspectivelv.) • ,,, " • i n i /-n j ,ii .■ 

' ' • expire. All vacancies shall be filled the same as the 

Sec. 3783, Gen. Stat., Minn.. 1913. | original appointments. The members now in office shall 

State forestry board: Personnel — Appointments — I hold through the terms for which they were respectively 
Terms — Qualiflcatious. — There shall be a State forestry l appointed. So far as practicable, all such appointees shall 
l)oard, of nine members, composed of tlie director of the : be appointed with reference to their knowledge of, and 
forestry school and the dean of the agricultural college of < interest in, the planting and cultivation of trees in prairie 
the University of Minnesota, and seven others appointed regions, the preservation of natural forests, the reforesting 
by the governor, for a term of four years and until their of denuded lands, and the protection of the oi rces ot 
successors qualify. Two of said members shall be ap- streams. [L. 1911, ch. 125, sec. 1, amended by L. 1913, 
pointed upon the recommendation of the regents of the ch. 159, sec. 1.] 

15077—15 1 



(p^ 



f>n\i 



STATE FORESTRY LAWS MINNESOTA. 



Sec. 3784. 

Secretary to State forestry board: Appointment- 
Salary — Duties. — The state forestry board shall appoint 
a secretary at a salary not to exceed eighteen liundred 
(1800) dollars per annum,' whose duties shall be prescribed 
by the board. [L. 1911, ch. 125, sec. 2.] 

Sec. 3785, as modified by Sec. 5377.= 

State forestry board: Powers and duties, in gen- 
eral — Annual report. — The board shall have the manage- 
ment of the * * * [state forests] and of all other property 
acquired therefor, supervise all matters of forest protection 
and reforestation and have charge of all moneys appropri- 
ated therefor or accruing therefrom, including the forest 
reserve fund and the forest service fund. It shall ascer- 
tain and observe the best methods of reforesting cut-over 
and denuded lands, foresting waste and prairie lands, 
preventing destruction of forests and lands by fire, ad- 
ministering forests on forestry principles, encouraging 
private owners to preserve and grow timber for commer- 
cial purposes, and conser\'ing the forests around the head 
waters of streams and on the watersheds of the slate, and 
shall collect information regarding the timber lands 
owned by the state. On or before the first Monday in 
December of each year the board shall report its doings, 
conclusions, and recommendations, and any damage 
caused by forest and prairie fires and any trespassing upon 
state lands to the governor, which report shall be printed 
and distributed to the members of the legislature and 
otherwise as the board may direct. [I... 1911, ch. 125, 
see. 3.] 

Sec. 5379, as modified by Sec. 5377.= 

State forestry board: Powers and duties concern- 
ing, contracts, seal, regulations, state forests, litiga- 
tion, leases, sales of timber, and alienation of tracts- 
Quorum. — The board may enter into contracts in the 
name of the state; may adopt a seal; may make all reason- 
able rules and by-laws for its own government, and for the 
care, management, and preservation of the * * * [state 
forests] ; may cause actions to be brought in the name of 
the state to j^rotect the state's interests in matters confided 
to its care; may lease, for income or for protection, meadow 
and pasture lands, where such use will not interfere with 
the growth of forest trees; may sell dead and down and 
mature timber, and other timber where the public interests 
will be subserved thereby; and may alienate any tract of 
land, when such alienation is demanded by the growth of 
towns, the building of railroads, or water power or other 
public improvements. A majority of the board shall be a 
quorum for the transaction of business. [Sec. 2509.] 

Sec. 5380. 

State forestry board: No compensation — Ex- 
penses. — The members of the board shall receive no com- 
pensation for their services as such, but they shall be 
repaid their reasonable expenses incurred in attending 



meetings of the board or executive committee, or in per- 
forming services at the request of either. [Sec. 2511.] 

Sec. 37S6. 

State forestry board: President — Vice president — 
Executive committee. — State forester: Qualifica- 
tions — Salary and expenses — Office — Appointment 
and removal of assistant forester and employees — 
Other powers and duties concerning equipment, ac- 
counts, investigations, forest protection, publica- 
tions, and fire notices. — The board shall elect a presi- 
dent and vice-president annually. It may appoint an 
executive committee on which it may confer authority to 
act for it in minor details which cannot conveniently be 
acted upon by the board. The board shall appoint a state 
forester who shall be a trained forester, at a salary not to ex- 
ceed four thousand (4,000) dollars per annum,' and he shall 
be allowed necessary traveUng and field expenses incurred 
in the conduct of his official duties. The office of the state 
forester shall be at the state capitol and the board is hereby 
authorized to employ such office assistants as may be nec- 
essary and to fix their compensation. The state forester, 
with the approval of the state forestry board, may appoint 
an assistant forester and such other employees, outside of 
the office assistants, as may be necessary in carrying out 
the pro\'ision8 of this act and fix the amount of their com- 
pensation; ' and the state forester shall have the power to 
remove any such subordinate officers and employees so 
appointed by him. He shall be authorized under the 
direction and approval of the state forestry board to pur- 
chase all necessary equipment, instruments and field sup- 
plies. A full and accurate account of all receipts and ex- 
pendit\ires incurred in the carrying out of the pro\-isions 
of this act, with such vouchers and forms as may be recom- 
mended by the state public examiner, shall be kept in a 
system of books prescribed by such examiner. The state 
forester shall execute all rules and regulations issued by 
the state forestry board pertaining to forestry and forest 
protection within the jurisdiction of the state; shall inves- 
tigate the origin of all forest fires, and prosecute all ^'iola- 
tors of this act; shall prepare and print for public distribu- 
tion an abstract of the forest fire laws of Minnesota, together 
with such rules and regulations as may be formulated by 
the state forestry board. He shall prepare printed notices 
callinsr attention to the dangers from forest fires and cause 
them to be posted in conspicuous places, and shall furnish 
same to the railroad companies whose duty it shall be to 
post them in such jilaces as he may direct. [L. 1911, ch. 
125. sec. 4.] 

Sec. 3787, as modified by Sec. 5377.= 

State forester, further duties of: Data and maps 
of timber and cut-over lauds and state forests- 
Distribution of maps — Protection from fire and tres- 
pass — Reports upon forest and fire work, including 
second-growth timber data — Recommendations for 
forest protection, management, and reforestation. — 
The state forester shall become familiar with the location 



I For later legislation as to salaries 
■ See p. 9. 



a sees. 294, 295. 




> For later legislation as to 
RECCIVEO I 



salaries, see sees. 294, 295, on p. 4. 



STATE FORESTRY LAWS MINNESOTA. 



and area of all state timber and cut-over lands and prepare 
maps of * * * [state forests] and each of the timbered 
counties showing the state lands therein, and shall supply 
such maps to the district rangers, to the officials of the state 
and counties requiring them, and in all ways that are practi- 
cable and feasible shall protect such lands from fire and the 
illegal cutting of timber; he shall report from time to time 
to the board, such information as may be of benefit to 
the state in the care and management of its timber.' It 
shall be his duty to inquire into the extent, kind, value, 
and condition of all timber lands; the amount of acres 
and value of timber that is cut or burned, and he shall 
also report the quantity and species of second-growth 
timber, and shall not later than the first of December of 
each year make a written report to the state forestry board 
upon all such data ascertained by him, and shall recom- 
mend therein plans for improving the state system of 
forest protection, management and reforestation. [L. 1911 
ch. 125, sec. 5.] 

Sec. 3788. 

State forester, .scientific management of forest 
resources: Cooperation with State aiiilitor. State 
and Federal departments, counties, towns, corpora- 
tions, and individuals. — The state forester .shall co- 
operate vrith the state auditor and with the several de- 
partments of the state and federal governments, or with 
counties, towns, coiporations, and indi\-iduals, in the 
preparation of plans for forest protection, management, 
replacement of trees, wood lots, and timber tracts, using 
his influence as time will permit toward the establishment 
of scientific forestry principles in the management and 
protection of the forest resources of the state.' [L. 1911, 
ch. 125, sec. 6.] 

Sec. 1, Ch. 325, L. 1915. 

State forester: Employment by, of sanatorium 
inmates. — The state forester is hereby authorized and 
directed that in the employment of labor whenever it is 
necessary to reforest the state lands of the state, or to per- 
form such other labor as vd\l by him be deemed proper 
in the care of such land, he shall consult the superintend- 
ent of the State Sanatorium for Consumptives and find 
from such superintendent, those persons who are able to 
perform labor who have received treatment at said sana- 
torium or county sanatorium for three months and shall 
in the employment of such laborers give preference to 
those who are in his judgment competent to perform such 
labor. 

Sec 2. 

Compensation for sanatorium labor. — The com- 
pensation to be paid for such labor shall be the same as 
that received by others for like services. 



' The State forester is also a member of the State board of timber com- 
missioners, which is composed of the governor, treasurer, auditor. State 
forester, and attorney general. (See Gen. Stat., Minn., sec. 5270.) 



[ Sec. 3789, Gen. Stat., Minn., 1913. 

State forester, construction of flre-brealis: Co- 

I operation witli the State highway commission and 

town and village offlcials. — The state forester shall also 

co-operato with the state highway commission a.nd with 

j the supervising officers of the various towns and villages in 

^ the construction of fire-breaks along section linens and 

public highways." [L. 1911, ch. 125, sec. 7.] 

Sec. .■^790. 

State forester, educational worlv: In general, and 
in cooperation with the University of Minnesota. — 
The state forester may advance, as he deems wise, educa- 
tion in forestry within the state by publications and Ice. 
tures, and upon the invitation of the director of the colleg'' 
of forestry- of the University of Minnesota may co-operati! 
with the said college so far as his time will permit, and 
such college shall furnish such aid to him as in the cir- 
cumstances is consistent with its own proper functions. 
[L. 1911, ch. 125, sec. 8.] 
Sec. 3791. 

State forester, auditing duties of. — It shall be the 
duty of the state forester to audit and inspect all bills for 
salary and expenses incurred by the district rangers and 
by fire patrolmen for the suppres.'sion. checking and con- 
trol of fires and recommend to the forestiy lioard the 
amounts justly due and wliich should be paid. |L. 1911, 
ch. 125, sec. 9.1 
Sec 3800. 

Penalty for refusal to enforce forestry act icb. 125, 
L. 1911). — (For text of the provision, see this section on 
p. 8). 
Sec. 380S. 

Appropriations for 1911, 1912, 1913. — Claims, how 
paid — Vouchers, how approved. — * * * -phe man- 
ner of presenting claims to the state auditor and payment 
of the same shall, so far as practicable, be in accordance 
with chapter ninety-six (9G) of the General Laws of Min- 
nesota for 1905. Itemized vouchers of all expenses shall 
be approved as directed by the forestrj' board. [L. 1911. 
ch. 125, sec. 26.] 
Sec 3809. 

Meaning of the term "Board." — Wlienever the word 
■'board'' is mentioned or referred to in the forestry lawg 
of the state of Minnesota it shall mean the state forestiy 
board herein created. [L. 1911, ch. 125. sec. 27.] 
Sec. 3810. 

Repeal of certain laws. — Chapter 22, Revised Laws, 
1905 and sections 2505. 250G, 2507, 2508, 2510 and 2515 
Revised Laws, 1905; chapters 82 and 310 of the General 
Laws of Minnesota for 1905; chapter 182 of the General 
Laws of Minnesota for 1909 and all acts and parts of acts 
inconsistent with this act are hereby repealed. [L. 1911, 
ch. 125, sec. 28.] 



' See also sees. 3801, 3806, on p. 5. 



STATE FOKESTRY LAWS MINNESOTA. 



Sec. 294. 

Salaries of forest officers and employees: Fixed — 
When payable. — The yearly salaries of the state officers 
and employees mentioned in this act shall be as herein 
fixed and all salaries shall be payable in monthly install- 
ments. 



17. State forester, four thousand dollars; assistant for- 
ester, twenty-seven hundred dollars; secretary, eighteen 
hundred dollars; clerk, twelve hundred dollars; draughts- 
man, nine hundred sixty dollars; two stenographers, nine 
hundred dollars each. [L. 1913, ch. 400, sec. 1.] 

Sec. 295. 
Salaries, as provided, to be in full for all services. — 

The salaries provided in this act for the officers and em- 
ployees named herein, shall be in full payment for all 
services that may be rendered by said officers or employees 
either in the performance of their regular or special duties 
or while acting as a member or employee of any state 
board or commission. [L. 1913, ch. 400, sec, 2.] 

PART n. FIRES. 

(This comprises the general provisions of law, if any, 
concerning protection from forest fires. For localized 
provisions, if any, concerning protection of State-owned 
lands, see Part III.) 

(1) PROTECTIVE SYSTEM. 

(This subdivision comprises the provisions of law, if 
any. defining the personnel and the administrative duties 
of the State organization charged with the prevention, 
detection, control, and extinguishment of forest fires. 
For specific provisions, if any, concerning similar duties 
in connection with railroad fires, slash disposal, and fal- 
low and other fires, see subdivisions (2), (3), and (4), 
respectively.) 

Sec. 3792, Gen. Stat., Minn., 1913. 

Patrol districts, establishment of. — As soon as prac- 
ticable after this act shall take effect, the state forester 
may, with the approval of the state forestry Ijoard, create 
and establish patrol districts, including all lands of both 
state and private ownership, upon which there is a prob- 
ability of forest and brush fires starting, and establish 
rangers over the said districts. [L. 1911, ch. 125, sec. 10.] 

Sec. 3793. 

District rangers: Duties, in general — Arrests 
without warrant — Complaint and prosecution — Not 
liable for civil action for trespass in discharge of 
duty. — Under the direction of the state forester, the 
district rangers are charged with preventing and extin- 
guishing forest fires in their respective districts, and the 
performance of aarh other duties as may lie required by 
the state forester. 

They may arrest witliout warrant any person found 
violatuig any provisions of this chapter, take him before a 



magistrate and there make complaint. When the district 
rangers shall have information that such violation has been 
committed, they shall, without delay, make similar com- 
plaint, and have the same prosecuted. The district rang- 
ers shall not be liable for civil action for trespass com- 
mitted in the discharge of their duties. [L. 1911, ch. 125, 
sec. 11.] 

Sec. 3794. 

Fire patrolmen: Duties — Equipment — Impressing 
assistance — Penalty for failing to assist. — At any time 

district rangers, with the approval of the state forester, 
may employ suitable persons to ))e knovvn as fire patrol- 
men permanently to remain upon and patrol such ter- 
ritory, state or private, as may be assigned to them as long 
as may be required to prevent and extinguish any fire. 
Each such patrolman so employed shall bl supplied with 
the necessary equipment. The state forester, and the 
district ranger may, and, if they are absent and fires are 
actually burning in the forest, the fire patrolman may, 
summon any male person of tlie age of 18 years and up- 
wards to assist in stopping the fire, and may incur any 
other necessary and reasonable expense for the same pur- 
pose, but shall promptly report the same to the district 
ranger. 

Any person summoned by any official, of the state who is 
physically able and refuses to assist shall be guilty of a 
misdemeanor and shall be punishable by a fine of not less 
than $5.00 and not more than §25,00.' [L. 1911, ch. 125, 
sec. 12.] 

Sec. 3799. 

Fire-fighting: Wages and expenses, how fixed and 
paid for — Payment of residents — Emergency ex- 
penses — Vouchers for payments. — The wages and ex- 
penses of men summoned or employed to fight forest fires 
actually burning, shall he fixed and paid for by the state 
forester and the labor reckoned and paid for by the hours 
of labor performed , which shall not exceed the rate of 25 
cents per hour employed; provided no pay shall be given 
for fighting fh'e within one mile of the residence of such 
person unless employed by the state forester or hij assist- 
ants. The forestry board is authorized to draw out of 
the money appropriated by this act a reasonaljle sum, not 
to exceed five thousand (5,000) dollars at any one time, 
from the state treasurer and place the same in tlie hands 
of the state forester to be used by him in paying emergency 
expenses, and the state auditor is authorized to draw his 
warrant for such sum when duly approved by the president 
and secretary of said board. The state forester shall take 
proper sub-vouchers or receijjts from all persons to whom 
such funds are paid and after tlie same have been approved 
by the state forestry board, they shall be filed with the 
state auditor, [L, 1911, ch. 125, sec. 17.] 

' See also sec, 3800, on pp, S-9, as to penalty; and sec, 3805, on p. 9, for 
provisions concerning prosecutions for violations of this act (ch. 125, 
L. 1911), 



STATE FOKESTKY LAWS MINNESOTA. 



Sec. 3801. 

Flre-flghtlng: Villages and cities to clear off com- 
bustible material and make lire-breaks — Penalties. — 

.\11 villages and cities in the state situated in the timber 
area are hereby avithorized, and all sucli municipalities 
where the same ia possible so to do are hereby directed, 
to clear off all combustible material and debris and create 
at least two good and sufficient (ire-breaks of not less than 
ten feet in width each, which sliall completely encircle 
.such municli>alities at a distance of not less than twenty 
roils apart, between wliicli back-fires may be set or a stand 
made to fight forest fires in cases of emergency.' 
• It is hereby made the duty of the district rangers to 
report to the state forester any failure to comply witli the 
])rovisions of this section or any violation of this act and 
any failure so to do shall be punished by a fine of not less 
than twenty-five dollars, nor more than one hundred 
dollars.'^ [L. 1911, ch. 125, sec. 19.] 

Sec 3806. 

Fire-flghting by towns, cities, and villages: Ap- 
pointment of officials as Are wardens— Precautions — 
Tax for "fire fund" — Cooperation witli and action 
under State forestry officers. — The state forester may 
appoint superiors, constables and clerks of towns, mayors 
of cities and presidents of \dllage councils, fire wardens 
for their respective districts, and it is hereby made their 
duty to do all things necessary to protect the property of 
such municipalities from fire and to extinguish the same. 

All towns, villages and cities are hereby authorized and 
directed to take necessary precautions to prevent the 
starting and spreading of forest or prairie fires and to 
extinguish the same and are hereby further authorized 
to annually levy a tax of not more than five mills upon 
the taxable property of such municipalities, wliicli, when 
collected, shall be known as the "Fire Fund " wliich shall 
be used in pajdng all necessary and incidental expenses 
incurred in enforcing the pro\-isions of tliis act: 

In all townships constituted \vitliin any of the forest 
patrol districts which may be established by the state 
forestry- board, the respective town and village officers 
shall cooperate as far as possible with and act under the 
general supervision and direction of the state forestrj- 
ofiicers.' [L., 1911, ch. 125, sec. 24,] 

Sec 3807. 

Fines, disposition of: When i)aid to county, and 
when to township, city, or village for "fire fund." — 

All moneys received as penalties for violations of the pro- 
■v-isions of this act. less the cost of collection and not other- 
wise provided for, shall be paid into the treasury of the 
county in which the penalties for said \'iolation of the pro- 
visions of this act were imposed; provided, however, that 
fines collected for \-iolations of this act. where prosecutions 



1 See also sec. 3789, on p. 3. 

* For provisions concerning prosecutions for violations of this act(ch. 
125, L. 1911), see sec. 3805, on p. 9. 



are instituted upon the complaint of township, city or 
village officers, duly appointed by the state forester as 
fire wardens, shall be paid into the treasury of the town- 
ship, city or village where the offense was committed, to 
be credited to the "fire fund" of such townsliip, city or 
\T.llage. [L., 1911, ch. 125, sec. 25, as amended L., 1913, 
ch. 159, sec. 7.] 

Sec 3811. 

Legalizing payments made in aid of sufferers from 
forest fires. — That in all cases where the officers of any 
city or the county board of any county in this stale have 
heretofore, by resolution of the citj' or common council 
of any such city or the county board of any such county, 
in good faith authorized the payment and have paid out 
public moneys for tlie purpose of aiding the sufferers from 
forest fires in northern Minnesota in the year 1910, such 
payments are hereby in all respects validated and legal- 
ized. [L., 1911, ch. 7, sec. 1] 

(2) RAILROAD FIRES. 

(This Bubdi\asion comprises the provisions of law. if any. 
defining the responsibility of railroad and logging com- 
panies, the precautions to be taken by them, and their 
liability for damages occasioned in the ojjeration and main- 
tenance of their trains and rights of way; also pro^-isions 
concerning the use of spark arresters and other safeguards 
on traction, tlirasliing, other portable and sawmill engines, 
and boilers,) 

Sec 3795, Gex. Stat.. Minx., 1913. 

Patrol to follow locomotives: Railroads to provide, 
when — In case of failure, action by State forester- 
Recovery of expense — Misdemeanor. — Other precau- 
tions — Penalties — Civil liabilities. — When in the judg- 
ment of the state forester there is danger of tlie setting and 
spreading of fires from locomotive engines, he shall order 
any railroad company to proA-ide patrolmen to follow each 
train throughout such fire patrol district or districts as he 
deems necessary to pre-\-ent fires. When the state forester 
has given a railroad company notice to pro\-ide such patrol 
after trains, the said railroad company shall immediately 
comply with such instructions throughout the territory 
designated; and upon its failure so to do, the state forester 
may employ patrolmen with the necessarj- equipment to 
patrol the rights-of-way of said railroad, and the expense of 
the same shall be charged to the said railroad company, 
and may be recovered in a civil action in the name of the 
state of Minnesota, and in addition thereto, the said com- 
panj' shall be guilty of a misdemeanor. 

The state forester may prescribe such other measures 
which are considered by him to be essential for the imme- 
diate control of fire. 

It is also made the duty of any railroad company, 
acting independently of such state forester, to patrol 
its right-of-uay after the passage of each train when 
necessary to prevent the spread of fires and to use the 
highest di^ee of diligence to prevent the setting and 
spread of fire, to cause the extinguishment of fires set by 



STATE FORESTRY LAWS MINNESOTA. 



locomotives or found existing upon their respective rights- 
of-way, and for any violation hereof such railroad company, 
its officers and patrolmen shall be guilty of a misdemeanor, 
and be punished by a fine of not less than fifty dollars 
($50.00), nor more than one hundred dollars ($100.00) and 
costs, and in addition thereto such railroad company shall 
be liable for all expenses and damages caused or permitted 
by it to be recovered in civil action.' [L. 1911, ch. 125, 
sec. 13, amended L. 1913, ch. 159, sec. 2.] 

Sec. 3796. 

Railroad companies, duties of: Ash pans and 
sparl{ arresters required on locomotives — Inspection 
of devices— Record of inspections— Responsibility of 
Company. — Inspectors appointed by State forester, 
powers of. — ^Every company operating a railroad for any 
purpose shall equip and use upon each locomotive engine a 
practical and elficient ash pan and spark arresting device, 
which the master mechanic shall cause to be examined and 
the same shall be examined by the master mechanic or 
some employee each time before leaving the roundhouse, 
except when snow is on the ground. A record shall be 
kept of such examinations in a book to b? furnished by the 
railroad company for the purpose, showing: 

1. The place and number of each engine inspected. 

2. The date and hour of day of such inspection. 

3. The condition of the said fire protective appliance and 
arrangements; and 

4. A record of repairs made to any of the fire protective 
appliances. The said book to be open for inspection by the 
state forester or other authorized officer appointed by him. 

The master mechanic or employee making such exami- 
nation shall be held responsible for the good condition of 
the same, but without relieving the company from its 
responsibility hereunder. Any locomotive inspector 
appointed by the state forester is authorized to inspect any 
locomotive, donkey, traction or portable engine and all 
other engines and boilers operated in the vicinity of forest, 
brush or grass lands, and to enter upon any property for 
such purpose or where he may deem it nece.ssary in order 
to see that all the provisions of this act are duly comi)lied 
with. 

Rights of way to bo licpt clear of combustildc 
materials, when — Exception. — Every such company 
shall keep its right-of-way clear of combustible materials, 
logs, i)oles, lumber and wood, except ties, material for 
shipment, and other material necessary for the mainte- 
nance and operation of the road, from March 15th to 
December 1st. During particularly dry and dangerous 
periods the state forester may prohibit any and all burning 
along part or all of railroad right-of-way for a definite 
period. 

Fire-breaks along routes — Intent of require- 
ment. — Every railroad company shall establish and 
maintain such fire-breaks along the route of its railway 
as can be constructed and maintained at not excessive 

1 For provisions concerning prosecutions for violations of this act (ch. 
125, L. 1911), see sec. 3805, on p. 9. 



expense. The intention shall.be to adjust the protective 
measures to the local conditions, and to make the expense 
proportionate to the fire risk and the possible damage. 

Engines, not oil-burning: Restrictions in vicinity 
of forest, briisli, or grass lauds. — Except when snow 
is on the ground, no donkey, traction or portable engine 
or other engines and boilers except locomotives shall be 
operated in the vicinity of forest, brush or grass lands, 
which do not burn oil as fuel, except they be provided 
with a practical and efficient ash-pan and spark arresting 
device. 

Deposits of fire, live coals, and ashes — Trainmen to 
report Ures — Duty of telegraph and telephone 
agents. — No company shall permit any of its employees 
to leave a deposit of fire, live coals or ashes in the immedi- 
ate vicinity of wood land or lands liable to be overrun by 
fire, and every engineer, conductor or trainman discover- 
ing a fire adjacent to the track shall report the same 
promptly to the agent at the first telegraph or telephone 
station reached by him, whose duty it shall be as repre- 
sentative of sucli cora])any to at once take necessary ste])s 
to put out such fire. 

Instructions to employees re fires — Posting fire 
notices — Concentration of help, to extinguish fires 
on rights of way. — Every such company shall give its 
employees particular instructions for the prevention and 
extinguishment of fires, and shall cause warning placards 
such as are approved by the state forester, to be conspicu- 
ously posted at every station in the vicinity of forest, 
brush and grass lands, and when a fire occurs on the right- 
of-way of its road, shall immediately concentrate such 
help and adopt such measures as shall be available for its 
extinguishment. 

Reports to State forester upon fires along routes. — 
Every railroad company shall make such reports to the 
state forester as are deemed necessary by him of fires 
occurring on or adjacent to their respective rights-of-way. 
Combustible material in proximity of railroad: 
Action re protection or removal, under notice from 
forest olficer. — Whenever any combustible material shall 
be left in the proximity of any railroad, either without 
proper fire protection or so as to constitute a fire menace 
to other property, it shall be the duty of the owner of such 
material, upon being notified in writing by the state for- 
ester or any forest ranger as to the nature and extent of 
the protection required, to forthwith comply with all the 
terms of such notice so as to properly protect or remove 
such material. 

Violations of section: Penalties. — Any company or 
corporation violating any provision of this section shall be 
deemed guilty of a misdemeanor, and on conviction 
thereof shall be fined not less than fifty dollars ($50.00) 
and not exceeding one hundred dollars ($100.00) and 
costs of prosecution for each offense, and any railroad em- 
ployee or other individual violating the same shall be 
guilty of a misdemeanor, and shall be punished by a fine 
of not less than twenty-five dollars ($25.00) nor more than 
one hundred dollars ($100.00) and costs of prosecution, 



STATK KOKESTHV LAWS MI.NNKSOTA. 



or by imprisoiiraeiit in the ((luuty jail not exceydini: 
ninety (90) days.' [L. 1911, ch. 125, sec. 14, iimonded L. 
1913, ch. 159, sec. 3. J 

Sec. 37S(). 

Fire notices prepared by State forester: Posting of, 
l>y railroads. — (For text of provision, see this section, on 
11.2.) 

Siics. 3797, 379S. 

Sla.sh disposal by corporations and others. — (For 
text of provisions, see tliese sections, on pp. 7-8.) 

Sec. 3801. 

Prima facie evidence of negligence in cases of lire set 
by corporations and otliers. — (For text of provi.siims, 
see this section, on p. 9.1 

.Si:r. 1121). 

■('ivil liability of railroads for injuries caused by 
llres- Insurable interest. — Each railroad corporation 
cjwning or operating a railroad in tliis state shall be respon- 
sible in damages to every person and corporation whose 
pro])erty may be injured or destroyed by fire communi- 
cated directly or indirectly by the locomotive engines in 
use upon the railroad owiied or operated by such railroad 
corporation, and each such railroad corporation shall have 
an insurable interest in the property upon the route of 
the railroad owned or operated by it and may prociire in- 
surance thereon in its own behalf for its protection against 
such damages. [R. L. sec. 2041, amended L. 1909, ch. 378, 
sec. 1.] 

(3) SLASH DISPOSAL. 

(This subdivision comprises the provisions of h\w, if any, 
for slash disposal after lumbering and other cutting opera- 
tions.) 

Sec. 5300. Gen. Stat., Minx., 1913. 

Posted notice of area to be cut over: What to con- 
tain Period of posting — Copy, with post-office ad- 
dress, to State forester — Penalty for violation of 
provisions. — Everjf person, firm or corporation engaged 
in the cutting of timber of any kind, telegi'aph poles or 
fence posts, upon any of the land belonging to the state, or 
upon any land whatsoever within this state, shall before 
cutting any such timber, post in a conspicuous place in any 
camp building or house occupied by his employees en- 
gaged in such cutting a notice which shall contain a full 
description of the lands proposed by him to be cut, the 
period during which the cutting is proposed to be done, 
and which said description shall contain the precise 
description of said land by forty-acre tracts, or fractions 
thereof, of governmental sub-divisions, and shall include 
the section, town and range, and such person or persons so 
(•ng.iged in cutting timber as afores.\id shall be re(|uired to 
keep s.iid notice conspicuously posted in such cam.p build- 
ing or house dming the entire time that he is engaged in 



1 For provisions concerning prosecutions for violations of this act(ch. 
125, L. 1911), see sec. 3805, on p. 9. 



cutting such timber; and he sh dl, before cutting any such 
tinil)er, forward a copy of such notice with his post-olhce 
address to the state forester at the state capitol, St. Paul. 
Any i)ers:)n, persons, firms or corporation violating' the 
provisions of this section shall be guilty of a misdemeanor 
and ui)on conviction thereof shall pay a fine of not less 
than twenty-five dollars ($25.00) and not exceeding one 
hundred dollars ($100.00) or be imprisoned in the county 
jail for a period not less than twenty days and not exceed- 
ing ninety days. 

Reward — Exception. — Any person or persons giving to 
the proper authorities information which shall lead to the 
conviction of any person, persons, firm or corporation 
guilty of a violation of this section shall receive the sum of 
twenty -five dollars ($25.00) reward, to be ascortiiined and 
paid in the manner provided herein for the payment of the 
reward provided for in section 40 of this act.' Provided, 
however, that the pro>'ision.s of this section shall not apply 
to any parson who shiU be engaged in cutting cord wood 
upon his own l.;nd or engaged in cutting timber for clearing 
any land actually owned or occupied by him. [1905, ch. 
204, S2C. 41. amended 191:', <-h. 114, .s-.-. I.| 

Sec. 3797. 

Slashings, etc.: Disposal of, under direction of 
forest officer — Fire line around area. — Where and 
whenever in the judgment of the state forester or district 
ranger there is or may be danger of starting and spreading 
of fires from slashings and debris from the cutting of timber 
of any kind and for any purpose, the state forester or dis- 
trict ranger shall order the individual, firm or corporation, 
by whom the slid timber has been or is being cut, () to 
dispose of the slashings and debris as he may direct. 
Where conditions do not permit the burning of the slash- 
ings and debris over the entire area ss covered, the state 
forester may require the person, firm i^r corporation by 
whom the timber was cut. to disjjose of su<ii slashings and 
debris in such a way as to establish a safe fire line around 
the area requiring such protection, he said tire line to be of a 
width and of a character satisfactory to the state forester. 

Penalties. — Wlien any person, firm or corporation, shall 
have been notified by the state forester or district rangers 
to dispose of slashings and debris, either by entirel)' con- 
suming the same or establishing a fire line sufficient for the 
protection of adjoining property, and fails to comply mill 
such instructions, the said person, firm or corporation, shall 
be deemed guilty of a misdemeanor, and on con\dction 
thereof, shall be punished by a fine of not less than fifty 
dollars ($50.00) and not exceeding one hundred dollars 
($100.00) and costs of prosecution for each ^iolation thereof 
or failure to comply therewith.* 

Failure to dispose of slashings: Action by forest 
officer. — Expense, a lien on lands and timber; how 
collected — Moneys credited to forest service fund. — 
When any such () slashings or d(4)ris are left unattended 

1 Sc« see. 5299, Gen. Stat., Minn. 

' For provisions concerning prosecutions for violations of this act (ch. 
125, L. 1911), see sec. 3805. on p, 9. 



STATE FORESTRY LAWS MINNESOTA. 



contrary to the instructions of the state forester or district 
ranger, the state forester, the district ranger or patrolman 
may go upon the premises with such force of men as may 
be necessary and burn such branches, slashings and debris, 
and the expense thereof shall be a lien upon the land on 
which they are situated and also upon the logs and other 
timber products cut upon said land, and enforced as liens 
are enforced for the improvement of real estate or personal 
property. An itemized statement duly verified by the 
oath of the state forester or district ranger of the amount of 
the costs of bm-ning or, otherwise disposing of such 
branches, slashings and debris, shall be filed in the office of 
the reigster of deeds of the county in which said timber was 
cut, and also in the office of the surveyor general of logs and 
lumber of the district in which said cutting was done, and 
the expense of burning or otherwise disposing of such 
branches, slashings and debris shall be a prima facie valid 
claim that may be collected from the person, firm or cor- 
poration who cut the wood or timber from which the said 
slashings and debris were made. Any moneys collected 
on account of such liens shall be paid into the state treas- 
ury and credited to the forest service fund. [L. 1911. ch. 
125, sec. 15, amended L. 1913, ch. 159. sec. 4.] 

Sec. 379S. 

Clearing land for roadbed or right of way: Dis- 
posal of slashings— Exception.— Any person or corpora- 
tion who cuts or fells trees or bushes of any kind in clearing 
land for roadbed or right-of-way for any railroad, highway 
or trail shall in the manner and at the time as above pre- 
scribed burn the slashings and all combustible material 
except fuel and merchantable timber. 

Clearing land for agricultural or pasturage pur- 
poses, etc.: Disposal of slashings under directions 
of State forester. — Any person or corporation who cuts 
or fells trees or bushes of any kind in clearing land for agri- 
cultural or pasturage purposes, or who in any way clears 
land, is prohibited from setting fire to the slashings, brush, 
roots or excavated stumps or other combustible material 
on such land and letting the fire run; the material must 
be disposed of pursuant to the regulations of the state 
forester. 

Construction of public roads: Slash disposal du- 
ties of contractors— State forester's approval of 
work— Shade and other trees to be undisturbed. — 
Any contractor who enters into a contract for the con- 
struction of a public road, and which contract involves the 
cutting or grubbing of woods, standing timber, or brush 
from any part of the right-of-way of such road, shall pile 
all the slashings and debris cut or grubbed from the road- 
bed or right-of-way in the middle of such right-of-way, 
and shall burn and dispose of such slash and debris with- 
out damage to adjoining timber or woods, which burning 
shall be done in a manner and at a time satisfactory to the 
state forester; provided, however, that the foregoing pro- 
vision shall not prevent the leaving of such trees along 
roads as will be useful for ornamental and shade purposes, 
and which will not interfere with travel. 



Contracts of town and county boards involving 
cutting of timber on highway rights of way: Slash 
disposal provisions of. — Every contract made by or on 
behalf of any town or county board, which involves tlie 
cutting of any timber on the right-of-way of a public high- 
way, shall provide in terms for compliance with the fore- 
going provision, but that the failure to include such pro- 
vision in the contract shall not relieve said contractor 
from the duty to burn and dispose of said slashings as 
aforesaid. No town or county officer shall execute any 
such contract on behalf of his town or county which does 
not provide in terms for compliance with the provisions of 
this section. 

Violation of section: Penalties. — Any person who 
shall \ folate any of the pro\'isions of this section shall be 
deemed guilty of a misdemeanor, and on conviction 
thereof, be punished by a fine of not less than twenty-five 
dollars ($2,'i.OO), nor more than one hundred dollars 
(1109.00), or by imprisonment in the county jail for not 
less than twenty (20) days nor more than ninety (90) days.' 
[L. 1911, ch. 125, sec. 16, amended L. 1913, ch. 159, sec. 
5] 

(4) FALLOW AND OTHER FIRES. 

(This subdivision comprises the provisions of law, if any, 
concerning the burning of fallow, brush, etc., by farmers, 
and the general setting of fires to woods by hunters, fisher- 
men, and others.) 

Sec. 3800, Gen. Stat., Minn., 1913. 

Penalties for: Failure of employees to perform 
duty, and of others to assist — Failure to extinguish 
fires — Endangering property of others througli 
negligent Ures — Use of incombustible wads for fire- 
arms—Carrying naked torch, etc., near forest land- 
Dropping burning matches, etc. — Destruction of 
notices, etc. — Every employ^ of the state forestry board 
and every person lawfully commanded to assist ^ in en- 
forcing any of the provisions of this chapter, who shall im- 
justifiably refuse or neglect to perform his duty; every per- 
son who shall kindle a fire on or near forest, brush or prairie 
land and leave it unquenched, or be a party thereto, or 
who shall set fire to brush, stump, dry grass, field, stubble, 
or other material and fail to extinguish the same before it 
has endangered the property of another; every person who 
shall negligently or carelessly set on fire, or cause to be set 
on fire, any woods, prairie, or other combustible material, 
whether on his own land or not, by means whereof the prop- 
erty of another shall be endangered, or who shall negli- 
gently suffer any fire upon his own lands to extend beyond 
the limits thereof;^ every person who shall use other than 
incombustible wads for fu-earms, or carry a naked torch, 
firebrand, or exposed Ught in or near forest land, or who. 
in the vicinity of such land, shall throw or drop into com- 
bustible material any biirning match, ashes or pipe, lighted 

' For provisions concerning prosecutions for violations of this act (cli. 
125, L., 1911), see sec. 3805, on p. 9. 

» See also sec. 3794, on p. -1, as to penalty. 

a This clause is a reenactment, in effect, of the provisions contained in 
sec. 8772. (See Gen. Stat., Minn., 1913.) 



STATE FORESTRY LAWS — MINNESOTA. 



ci^ar, or any other burnint; substance, and who fails to im- 
mediately extinjjuish the same, and every person who shall 
deface, destroy or remove any abstract or notice posted 
under this chapter, shall be deemed guilly of a misde- 
meanor, and on conviction thereof shall be punished by a 
fine of not less than twenty-five dollar."? and not exceeding 
one hundred dollars and costs of prosecution, or by im- 
prisonment in the county jail not less than ten days and 
not exceeding ninety days.' [1.. lOll, ch. 125, sec. 18.] 

Sec. ;i802. 

Camp fires: Road officers to report — Prosecution 
of offenders. — Every road overseer or assistant of a road 
overseer or other local officer having charge of thehighway, 
who finds that any person has left a camp fire burning 
in his district, shall extinguish the same, and take prompt 
mea.sures to prosecute the person or pereons who so left 
such fire.' [L. 1911, ch. 125, sec. 20.] 

Sec. 3803. 

Precautions to prevent escape of fires. — Every per- 
son who, when the ground is not covered with snow, 
starts a fire for any purpose not hereinafter specified in 
this act, in the vicinity of forest or prairie land, shall 
exercise every reasonable precaution to prevent such 
fire from spreading, and shall before lighting the same 
clear tlie ground from all branches, brushwood, dry leaves 
and other combustible material within a radius of ten feet 
from the fire, and shall carefully extinguish the fire 
before quitting the place. [L. 1911, ch. 125, sec. 2I.| 

Sec 3804. 

Setting of fires: Care required — Prima facie evi- 
dence of negligence. — Whoever under any circumstances 
sets fire must exercise care and precaution in proportion 
to the danger. 

Whenever a fire set by any person or corporation spreads 
to and destroys property belonging to another, it shall be 
prima facie evidence that the party so setting such fire 
is guilty of negligence in setting the same and alknviug it 
to spread. [L. 1911, ch. 125, sec. 22.] 

Sec. 3805. 

Prosecutions under forestry act (cli. 125, 1.1911): 
Appeals, allowance of^County attorney to prose- 
cute. — No appeal shall be allowed from a judgment iu 
justice's court in any prosecution under this chapter 
unless the person appealing shall, -within the legal time pre- 
scribed, enter into a recognizance with two sufficient 
sureties, surety company or cash bail, in twice the amount 
of the fine and costs, to be approved by the justice, con- 
ditioned to appear before the district court on the first 
day of the general term thereof to be held in and for the 
same county, and abide the judgment of said coiu-t therein. 

The justice may examine the proposed sureties under 
oath, and in such case shall make and keep a record of 

' For provisions concerning prosecutions for violations of tWs act (ch. 
125, L., 1911), see sec. 3805, on this page. 



Iheir answers in respect to the kinds and amounts of their 
property that is nol excm])t from execution, and furnish 
a copy of the same to the state forester. 

Whenever an arrest shall have been made for violation 
of any of the pro\-isions of this chapter, or whenever in- 
formation of such violation shall have been lodged with 
him, the county attorney of the county in which the 
offense was committed shall prosecute the accused with 
all diligence and energy. [L. 1911, ch. 125, sec. 23, 
amended L 1913, ch. 159, sec. 6.] 

Sec. 8927. 
Wilful burning of grass, tinil)er, (•((•.: Penalty.- 

Every person who shall \vilfully Inirn or .-:ot fire to any 
grain, grass, growing crop, standing timber, * * * of 
another, under circumstances not amounting to arson in 
any degree, shall be punished by imprisonment in a county 
jail for not more than one year. [Sec. 512fi.] 

PART III. PUBLIC FORESTS. 

(This part comprises the pro\-isions of law, if any, for 
the establishment and care of State and nmnicipal forests 
and nurseries, and for the practice of forestry on these and 
on other lands owned Ijy the State.) 

(1) STATE FOREST.S. 

(For other provisions, if any , concerning Slate forests and 
nurseries, see Part I.) 

Sec. 5377, Gen. Stat., Minn., 1913. 
Term "forest reserve" changed to "state torest." 

The term "forest reserve," as now used and contained in 
the laws of the state of Minnesota, shall be and the same 
is hereby changed to read "state forest." [L. 1913, 
ch. 86, sec. 1.] 

Sec. 5378, as modified by Sec 5377. 
State forests: What included in.- The * * * 

[state forests] of the state shall consist of all state lands 
which have been or may be set apart by the legislature, or 
granted by the United States and accepted by the legis- 
lature, for forestry purposes, and of all lands which have 
been or shall be acquired by the state therefor. [Sec. 
2504.1 

Sec. 5381, as modified by Sec. 5377, 

State forests: Acceptance of lands donated or 
devised for— Clear title.— When the owner of any lands 
suitable for the * * * [state forests] shall offer, in 
writing, to convey the same to the state for forestry pur- 
poses, the board [State forestry board] shall refer the 
question of accepting such offer to the town and county 
boards where the land is situated, for their advice thereon, 
and shall consider all objections and recommendations 
submitted upon such question. The decision of the 
state board thereon shall be final. No conveyance of such 
lands shall l)e accepted vinless the board shall be advised 
by the attorney general that the same arc clear of liens 



10 



STATE FORESTRY LAWS MINNESOTA. 



except the liens of the state for taxes. If any land'shall 
be devised to the state for forestry purposes, the question 
of the acceptance thereof shall be determined, as nearly 
as may be, in the same manner. [Sec. 2512.] 

Sec. 5382, as modified by Sec. 5377. 

State forests: Tax title lands may become a part 
of Procedure — Appropriation. — All lands not in- 
cluded in the corporate limits of any city or village, or 
any platted town site, wliich were offered for sale for the 
payment of taxes which became delinquent prior to the 
year 1891, under L. 1881, ch. 135, or L. 1893, ch. 150, or 
L. 1899, ch. 322, and which became the property of the 
state under any of said acts, and remain undisposed of, 
and which are totally unfit for agricultural purposes, may 
become part of the * * * [state forests] in the follow- 
ing manner: When the board shall desire to have any such 
lands so set apart, it shall submit the question whether 
such lands are totally unfit for agriculture to the county 
board, which shall report its determination thereon. 
Upon request of the forestry board, embodied in a resolu- 
tion describing such lands so found to be unfit, the attorney 
general, in all cases in wliich a right to redeem exists, 
shall cause notice of the time when the redemption period 
will expire to be given in the same manner as is required 
of the holder of a lax certificate; and each notice shall 
have the same effect to bar the right of redemption as 
notice given by such holder. The attorney general shall 
also bring any action in the name of the state necessary to 
quiet its title. The county attorney, when requested by 
the attorney general, shall prosecute such actions, for each 
of which he shall receive five dollars, and the attorney 
general shall furnish blank forms therefor. When the 
state's title to any such tract has been quieted, the attorney 
general shall so certify, and thereupon it shall become a 
part of the * * * [state forests]. There is hereby 
appropriated annually ' one thousand dollars for paying 
the expenses incurred in bringing such actions, but no 
such expenses shall be paid except on vouchers of the 
forestry board, approved by the attorney general. [Sec. 
2513.] 
Sec. 5383, as modified by Sec 5377. 

State forests: Purchase of lauds for — Clear title. — 
The board is authorized to purchase for the * * * 
[state forests], at a price not exceeding two dollars and 
fifty cents per acre, any land, preferably at the sources of 
rivers, which is adapted for forestry, but not to exceed in 
any one township one-eighth of the area thereof; and no 
money shall be paid therefor until the attorney general 
certifies that the deed thereof conveys a clear title to the 
state. [Sec. 2514.] 

Sec. 5384, as modified by Sec 5377. 

State forests, paries, etc.: Killing of auimals and 
birds within, prohibited — Exceptions. — No person 
shall kill, or pursue with intent to kill, take, snare, or have 

1 standing appropriations of this nature have been repealed. (See 
Gen. Stat., Minn., 1913, sees. 48, 49.) 



in possession, by any means upon any Minnesota .state 
forest * * * lands or parks, or upon any lands that 
may be designated by the state game and fish commission 
as game propagating and breeding grounds, any wild 
animals or birds protected at any time by law. The killing 
or having in possession of each of such protected animal or 
bird shall constitute a separate offense. 

Provided, that this act shall not prohibit the killing or 
destroying of wolves or other noxious animals by or under 
the supervision of the state game and fish commission. 
[L. 1907, ch. 45, sec. 1, amended L. 1909, ch. 171; L. 
1913, ch. 95, sec. 1.] 

Sec. 5385. 
Violation of act (Ch. 45, L. 1907): Penalties.— Any 

person violating the jirovisious of this act shall be guilty of 
a misdemeanor, and u))on conviction sliall lie punished by 
a fine of not less tlian fifty dollars nor more than one 
hundred dollars or by imprisoument in the county jail for 
not less than thirty days or more than ninety days or both. 
[L. 1907, ch. 45, see. 2.] 

Sec 5339. 

Itasca State Park: E.stablislied — Name — Dedicated 
to use of people of State. — All the lands hereinafter de- 
scribed, or so miicli ti.ereof as the state is or shall become 
seized of, shall be a public park, to wit: * * * The 
name of the park shall be the 'Itasca State Park," and it 
shall remain declicatoil to the perpetual use of the people 
of the state under such restrictions as may be provided by 
law.' [Sec. 2196.] 

Sec 5340. 

Itasca State Park: Private lauds within, how ac- 
quired — Annual appropriation. — The attorney general 
when requested by the governor, .shall procure from persons 
owning land witlun the park limits concessions to tlie state 
for park purposes by contract or deed, subject to the aj)- 
proval of the governor. If satisfactory concessions can not 
be so secured , the governor ' may direct tlie attorney general 
to acquire the title thereto by condemnation. The sum of 
five thousand dollars is hereby appropriated annually ' out 
of the treasury, or so much thereof as may be necessary, to 
pay for such lands. [Sec. 2498.] 

Sec. 5341. 

Itasca State Park: School lands witliin, how ac- 
quired. — The auditor ' shall take proper proceedings, 
under the provisions of thie cliapter relative to the api)raisal 
and sale of school lands, to cau.se the sale of the school lands 
in the park, and at the sale thereof the same shall be bid in 
by the state for park purposes. [Sec. 2499.] 

Sec. 5342. 

Itasca State Park: Trespasses within, on timber, 
game or fish, by lire, or on Improvements, etc. — 

Penalty. — Every person, including Indians, who shall 



> See sec. 6344, on p. 11. 

' See footnote to sec. 5382, on this page. 



STATE FOKESTKV LAWS MINNESOTA. 



11 



«illiilly cut, injure, cir take any (ree. -^lirub. tinilier. or 
plant in said iiarU, or wlio shall kill, cause to lio killed. (:r 
|iursne wltli intent to kill any wild animal, or. exee])t with 
the con.scnt of the park eommis.sioner, take any fish from 
t!ie waters thereof, raise or lower auy of the lakes or Btrearas 
within said park, or set any fire tleroin, or. who shall wil- 
fully injure any building, improvement, or property of the 
state therein, shall be guilty of a misdemeanor, the mini- 
mum punishment whereof shall be a fine of fifty dollars.' 
(Sec. ■-'."lOO.] 

Seu. 5343. 

Itasca Stale Park: Atlililioii to, in Hiibliarrl 
County. — * * * situated in Hubbard county, is 
hereby added to and made a part of Itasca State Park. 
L. 1905, ch. 277, sec. 1.] 

Skc. 5344. AS MODiFiEn by Sec. -jSTT. 

Kasca State Park: Made a state l"(»resl Maiiajje- 
mciil by .Stale lorestry lioard Stanilinsc apprupria- 
lioiis. Itasca Slate Park is liereby made a * * * 
[state forest], and its management placed under the state 
forestry board, to be cared for in the same manner as 
other * * * [state forests], as provided foi in the act 
establishing said board except as hereinafter provided. 
The standing appropriations - for said park shall be ex- 
jjended under direction of the state forestry board, and 
said state forestry board is hereby vested with all the 
powers with reference to said park heretofore exercised 
by any other board or state officer. [L. 1907, ch. 90, 
sec. 1.] 

Sec. 5345. 

Itasca Stale Park: Primeval pine forest to be pre- 
served- Dead and down, diseased, and inscci in- 
fested timber — Revenues from sales of timber. The 

state forestry board shall presene intact the primeval 
I)ine forest now growing in Itasca State Park, and shall 
cut no part thereof except weak, diseased or insect in- 
fested trees, or dead and down timber. The net returns 
from the sales of timber of any description from said park 
shall be tuined into the state treasury. [L. 1907, ch. 90, 
sec. 2.] 

Sec. 5346. 

Ilasca Stale Park: Forest demonslrallon work 
«ilblii, by resents of Stale rniversity; and c(K)per- 
alive foresi work eilher vvilliin or elsewhere. The 

lioard of regents of the state university may, in their dis. 
cretion, use for their forest demonstrations work in con- 
nection with the forestry course in the stale university, 
any suitable tracts of land in Itasca State Park that may 
be assigned to them for this purpose by the state forestry 

' See sec. 5347, on this page, and sees. 53S4, .'i3S.5, on p. It). 
= See footnote to sec. 53S2, on p. 10. 



board, or may undertake forestry work in the said park 
or elsewhere in conjunction with the state forestry board.' 
[L. 1907, ch. 90, sec. 3.] 

Sec. 5347. 

Itasca State Park: (Jaiiie jtreserve Trespass stat- 
utes not repealed. -Itasca State Park shall be main- 
tained by the state forestry board as a game preser\-c, and 
nothing in this act shall be construed as repealing the 
existing statutes in regard to trespass in Itasca State 
Park. [L. 1907, ch. 90, sec. 4.] 

Sec. 5348. 

Itasca Stale Park: Forestry board aulliorized to 
accept donations of certain lauds — Reservation of 
timber rigiits. — Tlie state forestry board is hereby 
atithorizixl to accept for the state of Minnesota donations 
of the hereinafter described land- within the limits of the 
Itasca State Park, and such donors may reserve to them- 
selves the right to cut and remove from the said lands all 
the white pine, Norway pine, Jack pine, spruce, cedar, 
tamarack and balsam timber eight inches in diameter 
and over and four feet and six inches from the ground at 
the time of cutting; and that the donors of the said land 
may reserve the right to cut and remove the timber grow- 
ing on raid land for a period not exceeding ten years from 
the date of such donation. \L. J909, ch. 220, sec. 1.] 

Sec. 5349. 

Itasca Stale Park: Taxes on reserved timber — 
Floating logs, privilege — Selection of groves — Stump- 
age price— Payments for standing timber. — ^All the 
taxes levied on such timber which the donors may reserve 
to themselves under this act shall be paid by the state of 
Minnesota for a period not exceeding ten years and the 
said donors .shall have the right to dri^^e theii" logs through 
Itasca Lake with two foot head of water during such 
period of ten years for the purpose of getting the timber 
cut on such lands to market. In addition to the right 
given to the state forestry board under this act, they shall 
reserve to the state and it shall be part of the agreement 
under wliich such donation is made that the said state of 
Minnesota by its said forestry board shall have the right 
to select such groves of timber as it may wish to preserve, 
to mark such groves and the trees therem with copper 
nails or white paint at the expense of the donors, and to 
pay tihe [jurchaae price for the stumpagc selected, which 
price shall be the same as that awarded the Ked River 
Lumber Company according to size. Provided, that the 



' Cloquet Forest Experiment Station: Forest demonstration work by 
regents ol tlie State universitj'.— Tlie board of regents of the State uni- 
versity arc also, independently, charged with managing a tract, in 
Carlton County, Minn., knowTi as the Cloquet Forest Experiment 
Station, as a demonstration forest and experiment station for the stu- 
dents of tlio forestry department of the university. (See, in Gen. Stat, 
of Minn., i;)I3, sees. :in40-30-S2.) 

- See sec. ^i:\'Ai, on p. c?. 



12 



STATE FORESTRY LAWS MINNESOTA. 



state forestry board shall have the right to make partial 
payments for any standing timber which the forestry 
board may purchase from said donors. [L. 1909, ch. 220, 
sec. 2.] 

Sec. 5350. 
Itasca State Park: Description of lands donated.-- 

The lands referred to in section one of this act [Code sec. 
5348] are situated in Itasca Park in Becker, Hubbard and 
Clearwater counties in this state and are described as 
follows: * * * [L. 1909, ch. 220, sec. 4.] 

Sec. 5351. 

Itasca State Park: Reservation of mineral rights 
by donors of lands.— The state forestry board is hereby 
authorized in its contract with any donors of lands speci- 
fied in the above mentioned act approved Aj^ril 17, 1909 
[sees. 5348-5350] in addition to the other stipulations in 
said act, to allow any donor to reserve the minerals there 
may be in said lands. [L. 1911, ch. 275, sec. 1.] 

Sec. 5352. 

Itasca State Park: Forestry board authorized to 
secure remaining private lands and timber there- 
on. — In addition to the powers now conferred by law 
upon the state forestry board, said board is hereby author- 
ized to secure for the state of Minnesota, by gift, purchase 
or condemnation, any lands and the timber thereon in 
Itasca State Park not now owned by the state of Minne- 
sota. [L. 1913, ch. 531, sec. 1.] 

Sec. 5353. 

Itasca State Park: Tax levy for acquirement of 
lands and timber.— The money for the purchase and 
condemnation of such lands and the timber thereon shall 
be obtained by the levy and collection of a state tax of an 
amount equal to the interest on 1250,000.00 each year for 
five (5) years and of $25,000.00 a year and the amount of 
interest on outstanding and unpaid Itasca park certificates 
of indebtedness each year after said five (5) years until 
all such certificates and interest thereon are paid. The 
state auditor is hereby directed to levy and collect such 
tax. The proceeds of such tax are hereby appropriated, 
so far as necessary to do so, to the payment for such lands 
and the timber thereon, and said certificates of indebted- 
ness with interest, and the incidental expenses hereafter 
referred to. [L. 1913, ch. 531, sec. 2.] 

Sec. 5354. 

Itasca State Park: Itasca Park certificates of in- 
debtedness.— The state forestry board may issue against 
said taxes to be levied, collected and appropriated pur- 
suant to the preceding section, certificates of indebtedness 
which shall be known as "Itasca Park certificates of in- 
debtedness." They shall be in the aggregate of not more 
than 1250,000.00 and shall be issued in denominations of 
$500.00 and shall be due in the aggregate of not more than 
$25,000.00 a year beginning with 1918 and shall bear inter- 



est at not to exceed five (5) per centum per annum, and 
shall be sold as money is needed for the purchase or con- 
demnation of land and timber thereon for said park as 
hereinbefore indicated, and the proceeds of such sales 
shall be used for such purchases or condemnations and 
interest as aforesaid, and the incidental expenses con- 
nected with such gifts, purchases or condemnations and 
not otherwise. [L. 1913, ch. 531, sec. 3.] 

Sec. 5355. 

Itasca State Park: Custodian of Douglas lodge 
and other buildings — Revenue from buildings, dis- 
position and use of— Regulation of charges^-^Super- 
intendent of park, appointment, compensation, and 
powers of — Protection of game and fish. — To extend 
the authority conferred upon the forestry board by chapter 
90 of the General Laws of 1907 [sees. 5344-5347] and other 
provisions applicable thereto in respect to the manage- 
ment of Itasca State Park, said board may appoint a 
custodian of Douglas lodge and any or all of the cottages 
and other buildings owned by the state situated in the 
park, (excepting the buildings used for forest school pur- 
poses) and permit him to use the same upon such terms 
and conditions as shall be mutually agreed upon between 
them, conditioned however, that such party shall serve as 
custodian only during the pleasure of the board; the 
reA'enue derived by the state pursuant to the terms of any 
such agreement shall be paid into the state treasury, 
credited to the Itasca State Park support fund and used 
in maintaining and impro\'ing the park. Said lodge and 
all cott^es shall as heretofore be used solely for the ac- 
commodation of the public visiting the park. The for- 
estry board may prescribe rules and regulations for the 
management of the lodge and rates to be charged by such 
manager for the accommodation of the public. The 
board may appoint any competent person superintendent 
of the park who shall servo during the pleasure of the board ; 
locate his place of residence and define his duties. His 
compensation as such superintendent shall be fifty ($50.00 ) 
dollars per month and it shall be his duty to give personal 
attention to the preservation of the park; prevent and 
put out fires; protect the game and fish therein, and per- 
form such other duties as shall be prescribed by the state 
forestry board. The powers of a deputy game warden are 
hereby vested in him. He may act as district forest 
ranger or other forest officer and receive such compensa- 
tion for such ser\ices as may be determined by the board of 
officers appointing him, not however, in excess of fifty 
($50.00) dollars per mouth in addition to his said salary as 
superintendent. The said board is also authorized and 
directed to take necessary steps to protect all game and 
fish in the park and is hereby given general supervision 
and control of the subject. [L. 1913, ch. 559, sec. 1.] 

Sec. 53.56. 

Itasca State Park: Improvement of Douglas lodge 
authorized. — (For text of pro\-ision, see this section in 
General Statutes, Minn., 1913.) 



STATE FORESTRY I.AWS MINNESOTA. 



13 



(2) OTHER STATE LANDS. 

(Laiv3 whifli, provide merely for tlie protection of State 
lands other than State forests from fire and from timber 
and other forms of trespass, and for the sale of timber and 
other forest products therefrom, are not included because 
their intent is not one of forestry.) 

Sec. .5300. 

Posted notice of area to be cut over: What to con- 
tain — Period of posting— Copy to State forester — 
Penalty for violation of provisions — Reward —Ex- 
ception. — (For text of these proraions, see tliis section 

on p. 7.) 

(3) MUNICIPAL FORESTS. 

Sec 1S46, Gex. St.\t., Minn., 1913. 

Municipal forests: Acquirement of lands for, by 
cities, villages, and towns — Naming — Management— 
Tax_ levy. — Any city ' village or town in this state, by 
resolution of the governing body thereof, may accept dona- 
tions of land that such governing body may deem to be bet- 
ter adapted for the production of timber and wood than for 
any other purpose, for a forest, and may manage the same 
on forestry principles. The donor of not less than one hun- 
dred acres of any such land shall be entitled to have the 
same perpetually bear his or her name. The governing 
body of any city, village, or town in this state, when funds 
are available or have been levied therefor, may, when au- 
thorized by a majority vote by ballot of the voters voting 
at any general or special city or village election or town 
meeting where such question is properly submitted, pur- 
chase or obtain by condemnation proceedings, and prefer- 
ably at the sources of streams, any tract of land for a forest 
which is better adapted lor the productioi\ of timber and 
wood than for any other purpose, and which is conven- 
iently located for the purpose, and manage the same on for- 
estry principles; the selection of such lands and the plan 
of management thereof shall ha\e the approval of the state 
forester. Such city, village, or town is authorized to lev-y 
and collect an annual tax of not exceeding five mills on the 
dollar of its assessed real estate valuation, in addition to 
all other taxes authorized or permitted by law, to procure 
and maintain such forests. |I.. 1013, ch. 211, scr. 1.] 
Sec. 1, Ch. 108, L. 1915. 

Municipal Forest: Donation of certain land by 
State lo City of St. Paul. -Upon the adoption of a reso- 
lution by the governing body of the city of St. Paul, in 
Ramsey t'ounty, Minnesota, accepting a donation and con- 
veyance from the state of a portion of the land of the first 
state fish hatchery of the city of St. Paul, Minnesota, here- 
inafter set forth, pursuant to the provisions of Chapter 211, 
Laws of Minnesota for the year 1913, for a municipal forest 
iu the city of St. Paid, and upon- the presentation and de- 
livery of a certified copy of such resolution to the governor 
of the state, a donation and conveyance o£ said land shall 
be made by the state to the city of St. Paul. 



' See, on this page. chs. 108, 217, L. 1915, containing later legislation 
on this subject concerning the city of St. Paul, Minn., and other cities 
in the Stale which meet certain specified requirements. 



Sec. 2. 

Deed of conveyance, form of.— The deed of convey- 
ance shall be executed by the governor and the state audi- 
tor, and attested by the secretary of state. Such instru- 
ment or conveyance shall recite that the donation and 
conveyance is made for use as a municipal forest only, 
under the provisions of said Chapter 211, Laws of Min- 
nesota for 1913, and shall further provide that the said 
premises shall be used by the said city of St. Paul for a 
municipal forest only, and that in the event the said city 
of St. Paul shall cease to use the same for such purpose 
within the spirit and intent of this act, the title to said 
property shall ipso facto revert to the said State of Minne- 
sota. 

Sec. 3. 

Land to be donated, description of. — Tlie land and 
premises hereinbefore referred to, wliich is to be donated 
and conveyed by the State of Minnesota to the city of St. 
Paul, is a part of the lands and premises of the state known 
as the first state fish hatchery, situated in the city of St. 
Paul, in Ramsey county, Minnesota, to-wit: 

Containing Twenty and Fifty-five hundredths (20.55) 
acres more or less. 

Sec. 1, Ch. 217, L. 1915. 

Municipal Forests: Acquirement of lands for, by 
certain cities — Naming Management — Tax levy. — 

Any city in the State ol Minnesota, now or hereafter having 
a population of more than fifty thousand inhabitants, by 
resolution of the governing body thereof, may accept dona- 
tions of land as such governing body maj deem to be better 
adapted for the production of timber and wood than for any 
other purpose, for a forest, and may manage the same on 
forostrj- principles. The doner [donor] of not less than one 
hundred acres of any such land shall be entitled to have the 
same perpetually bear hia or her name. The governing 
body of any such city, when funds are availalile or have 
been levied therefor, may purchase or obtain by condem- 
nation proceedings, and profenxbly at the sources of streams 
any tract of land for a forest which is better adapted for the 
production of timber and wood than for any other purpose, 
which is conveniently located for the purpose, and manage 
the same on forestry principles. The selection of such 
lands, and the plans of management thereof, shall have the 
approval of the state forester. Such city is authorized to 
levy and collect an annual tax of not exceeding five mills 
on the dollar of its assessed real estate valuation, in addi- 
tion to all other taxes authorized or permitted by law, to ' 
procure and maintain such forests. 

Sec. 2. 

Application of act. — This act shall apply only to such 
cities as are or may be governed by a charter adopted pur- 
suant to Section 36 Article 4 of the Constitution of this 
state. 



14 



STATE FORKSTRY LAWS MINNESOTA. 



PART IV.— TAXATION. 

(TMs part comprises the provisions of law, it any, cover- 
ing the classification and taxation of foi'ested lands and 
lands to be forested, the purpose of which is to encourage 
the practice of forestry by private owners; also such 
bounty and exemption laws as have a like purjjose. For 
similar taxation provisions, if any, concerning State or 
municipal forests, or other State lands, see Part III.) 

Sec. 5191, Gen. Stat., Minn., 1913. 

Bounties for timber growing: Certain reiiuire- 
ments -Exceptions as to who may receive bounties — 
Appropriation. — Every person who shall plant one acre 
or more of land with forest trees of any Icind other than 
black locust, and shall keep such trees growing in a thrifty 
condition, and not more than twelve feet apart either way, 
replacing yearly such as may die, shall receive from the 
state two dollars and fifty cents per acre therefor for six 
successive years, not exceeding, however, twenty-five 
dollars in any one year. This section shall not apply to 
any railway company, to any person who ha.? already re- 
ceived such compensation, nor to any person planting trees 
in compliance with an act of Congress approved March 3, 
1873, relating to the growth of timber on western prairies, 
or any act amendatory thereof. For the purpose of paying 
such compensation, the sum of twenty thousand dollars is 
annually appropriated from the revenue fund.' [R. L. 
sec. 2391, amended L. 1913, ch. 76, sec. 1.] 

Sec. 5192. 

Proof. — The claimant shall file with the county audi- 
tor a plat givino; the government subdivision, and the 
position of the trees thereon. If the number of trees be 
increased, supplemental plats shall be filed. He shall 



' See footnote to sec. 53S2, on p. 10. 



show his ownership of the land, and make oath to the plant- 
ing and maintaining of the trees as prescribed in sec. 5191; 
and his proof shall be supported by the affidavit of at least 
two freeholders, residing in the same town, who have per- 
sonal knowledge of the facts. Such proofs shall be filed 
with the county auditor between July 1 and July 15 of the 
year for which compensation is claimed. fSec. 2392.] 

Sec. 5103. 

Examination and report by assessor. — The assessor 
of every town, at the time of making his assessment, shall 
ascertain if trees have been planted therein for which 
compensation is claimed under this chapter, and, if any 
such be found, he shall personally examine the same, and 
report the area planted and the condition of the trees to 
the auditor when the assessment books are returned. 
[Sec. 2393.] 

Sec. 5194. 

Action on proofs by auditor. — Before August 1 the 
auditor shall compare the proofs furnished by the claimant 
with the assessor's report, and, if they correspond in sub- 
stance, he shall immediately forward to the state auditor 
the original proofs of claim, and a certified Ust of all plats 
filed. [Sec. 2394.] 

Sec. 5195. 

Issuance of warrants to claimants. — The state 
auditor shall audit all such claims, and on the first Monday 
of October in eacli year shall issue his warrant to the several 
claimants for the amount to which each is entitled; but, if 
the aggregate of compensation due to all such claimants 
shall exceed th? appropriation therefor, he shall distribute 
the available amount amongst them pro rata, which dis- 
tribution shall relieve the state from further obligation to 
such claimants for the year. [Sec. 2395.] 



; GOVKKXMEST rUINTI.NG OFFICE : 191G 



c^5. 



Date of issue January 29, 1916. 



UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 

MONTANA 

(Serial 1— Through Reg. Sess., 1915) 

Compiled in the Office of State Cooperation by Jeanuie S. Peyton 
PURPOSE OF COMPILATION 

Infoiination about the forestry laws of the various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more; and requests for 
such information, coming from legislators. State administrative officers, forestry associations, 
forest schools, and other bodies and individuals, have led to the compilation, informally, of 
such State laws as bear more or less directly on the practice of forestry. 

The purpose of the compilation, of which this serial is a part, is to make easy a compara- 
tive study of the laws of the different States and to further the development of practical 
forestry legislation. By the classification of the laws and parts of laws under the headings, 
"Administration," "Fhes," "Public Forests," and "Taxation," the comparison is simplified, 
and the progress of each vState, or lack of it, in these particulars is clearly sho\v^l. 

The better to accomplish this educational aim, the great mass of timber and tree laws 
and those finer points of reference proper only to a legal or administrative manual have been 
omitted. 



PART I. ADMINISTRATION. I '" t'lf ■'"i™ "' tc" thou.saud (10,000) dollars, to be approved 

by the board [State Board of Land Commissioners] ' and 
filed with the Secretary ot' State; and he sball be a civil 
executive ofticer. 



(Tlii.'! part <<imprises the provisi^ms of law, if any. defin- 
ini^ the jreneral administrat ixc duties of the reirularly con- 
.-itituted State forestry ofticial.«: also certain miscellaneous 

forestry provisions. For specific provisions, if any. con- ' ggc jo amknded nv Sec. l'. Cii. US, 1.., I!)ll. 
cerniiig administrative duties of these or other State I 

oflicersincounectionwitb forest fires. State and municipal ' State forester, duties in general: .Selection, ap- 

forestsand nurseries or other State lands, or forest taxation , praisenient, etc., and control of State timber lands — 

see Parts II, III, and IV, respectively.) Act as secretary of forestry board— Execute all for- 

o„, n n„ ^A- T Ti^nn cstry matters Cliarse of fire wardens— Care of State 

^Kc. H, Oh. 14/, L., 1909. •' , „ „ ^. .„ _, . 

parks and forests Prevention of flres— Enforcement 

State forester: Appointmeiit (Jualilications Sal- of laws Lectures Annual report and recommenda- 



ary and espenses— Term- Bond— Required to be a 
civil executive officer. — The Governor, by and with the 

advice and consent of the Senate, shall appoint a state for- 
ester, who shall be skilled in the science of forestry, whose 
salary shall be twenty-five hundred (2500) dollars jier an- 
num, and actual necessary expenses while engaged in out- 
side work, connected with his odice, and whose term of 
office shall be four years, or until his successor shall be ap- 
pointed and (jualified. and he shall give a bond to the state 
15091— Hi 



tions— Notices, posting.— The State Forester shall, 
der the direction and control of the State Board of Land 
Commissioners, do all the field work in the selection, loca- 
tion, examination, appraisement, and re-appraisement of 



' The state board of land commissioners is composed of the gov- 
ernor, superintendent of public instruction, secretary of state, and 
Bttorney general, and has "direction and control of all lands belong- 
ing to the State, to manage the same as the best interests of the State 
shall require."' |L. 1900, ch. 14", sec. 1.] 



^^p 



STATE FORESTRY LAWS MONTANA. 



state timber lands, whether nciw Ijelongiiif,' tu the state or 
hereafter granted to the state; he shall do all acts required 
of him to be performed by the said board, and under the 
direction of said board shall have general charge of the tim- 
ber lands of the state. He shall act as secretary of the For- 
estry Board." He shall, under the supervision of the State 
Board of Land Commissioners, execute all matters pertain- 
ing to forestry within the jurisdiction of the state; have 
charge of all fire wardens of the state, and direct and aid 
them in their duties; direct the protection and improve- 
ment of state parks and forests ; take such action as is author- 
ized by law to prevent and extinguish forest, brush, and 
grass fires; enforce the laws pertaining to forest and brush- 
•covered lands, and prosecute for any violation of such laws. 
He shall deliver a course of at least six lectures on practical 
forestry to the students attending the State University,^ the 
State Agricultural College, and the State Normal School, 
during each school year. He shall prepare annually a 
report to the Governor on the progress and condition of the 
state forest work, and recommend therein plans for improv- 
ing the state system of forest protection, management and 
replacement. He shall furnish notices, printed in large 
letters on cloth, calling attention to the danger from forest 
fires, and to the forest fire and trespass laws and their pen- 
alties. Such notices shall be posted by the fire warden in 
conspicuous places in the several counties of the state, and 
particularly in brush and fSrest covered country, at fre- 
quent intervals along streams and lakes frequented by 
tourists, hunters, and fishermen, at established camping 
sites, and in every post'iffice in the forested region. 

Sec. 16. 

Posted notices, injury or destruction of— Pen- 
alty. — Any person who shall destroy, deface, remove or 
disiTigure any sign, post or warning notice posted under the 
provisions of this art shall be guilty of a misdemeanor, and 
punishable upon conviction, by a fine of not less than 
fifteen dollars and not more than two hundred and fifty 
dollars, or imprisonment in the county jail for a period of 
not less than ten days nor more than three months, or by 
both such fine and imprisonment.'' 

Sec. 15. 

Expenses of State forester, assistant forester, and 
fire wardens, how paid. — That the actual expenses and 
expenditures of the state forester, assistant forester and fire 
wardens necessarily incurred under this act. shall be paid 
in the same manner as are other expenses incurred in 
managing the state lands. 

Sec. 20. 

Forestry l)oar(l: Personnel -Cliaimian— Quo- 
rum. — The register of state lands, together with the state 
land a^ent and the state forester, shall constitute a for- 



i See sees. 20, 21. on this page. 

2 A forestry school, to be operated as a department of the University 
of Montana, has also been established bych. 131, L., 1913. (See Session 
laws.) 

" For disposition of fines, see sec. 10-1, on p. 3. 



estry board, of wliich tlie register of state lands shall be 
chairman. A majority of said board shall conslitute a 
quorum for the transaction of business. 

Sec. 21. 

Forestry board, duties, in general: Reforesta- 
tion — Prevention of forestry waste, and forest lires — 
Manag:ement of forests of S-tate — Encouragement of 
private owners of timber Conservation of forests 
on watersheds — Reports and recommendations. — 
It shall be the duty of the Forestry board to ascertain tlie 
methods of reforesting the denuded forest lands of the 
state; to prevent forestry waste, and the destruction of 
forests by fire, to manage the forests of the state on forestry 
principles, to encourage private owners in preserving and 
growing timber, and to conserve forest tracts around the 
head waters and on the water sheds of the water courses of 
the state; it shall make reports of its doings and recom- 
mendations to each session of the legislature, and, from 
time to time, with approval of the state board of land com- 
missioners, publish, for popular distribution, such of its 
conclusions and recommendations as may be of public in- 
terest and concern. 

Reforestation of watersheds, and expenditures 
therefor. — The state board of forestry may re-forest the 
water sheds of the state and expend such sums of money 
therefor as may be appropriated for that pur])ose by the 
legislative assembly. 

Sec. 22, .amended by Sec 3, Oh. 118, L. 1911. 

State Board of Land Commissioners, power to 
appoint clerk, and other office force: Duties, com- 
pensation, and bond of clerk — Receiving clerk, 
duties of. — The State Board of Land < 'ommissioners shall 
have power to appoint one clerk whose salary shall be such 
sum as the board may fix and allow, not exceeding the 
sum of Fifteen Hundred ($1500.00) Dollars per annum who 
shall give a bond to the State in such sum as the Board 
of Land Commissioners may designate, and he shall art as 
clerk of the register, of the State Land Agent, and of the 
State Forester, without extra compensation; and said 
board may employ all such other office force as may be 
necessary to carry out the provisions of this act, and may 
designate one of said office force as Receiving Clerk and 
may require such Receiving f'lerk to give such bond as 
the Board may order, and to make purchase of all neces- 
sary books, jilats and other supplies. 

Sec. 23. 

Salaries of State forester and assistants, and other 
State land officials, how paid. — The salary of the reg- 
ister of state lands and his deputy, of the state land agent, 
and his Assistants, the state forester, and his assistant, 
the clerk of the state board of land commissioners, together 
with the pay of all the assistants and clerks in the state 
land office, shall be paid out of the moneys in the several 
land grant income funds, and shall be apportioned among 
the several funds in proportion to the amount of land in 



1 'iTe 



LIBRARY OF CONGKgSs" 
, Rec^iyeo 



STATE FORESTRY LAWS MONTANA. 



each of tho land frrante from which the several funds are 
derived. All such salaries shall be paid monthly out of 
the land trrant income funds, and apportioned in Decem- 
ber of each year among the several funds by an order of 
the state board of land commissioners, directed to the state 
auditor and to the state treasurer. 

Sec. 25. 

Assistant forester: Appointineiit- (jiialitira- 
tions — Teriu of ofllce — C'oiupensatioii — Bond. — The 

state board of land commis.^ioners is hereby authorized to 
appoint one assistant forester, with like qualification as 
the state forester, at such time or times as may be deemed 
necessary, to assist the state forester in any of the duties 
of his office; and he shall draw pay only when actually 
engaged in the performance of such work, and shall hold 
office at the pleasure of the board, and his pay shall be not 
to exceed one hundred and fifty (150) dollars per month, 
together with actual necessary expenses while engaged in 
outside work connected with the office. Ue shall give 
such bond for the faithful performance of his duties as the 
state board cjf land commissioners may require. 

Sec. 27. 

State board of land commissioners: To keep 
records of forest lands and accounts of timber 
sales. — The state board of land commissioners shall clause 
to be kept accurate records showing the location, extent 
and character of all forest lands, and the kind and char- 
acter of timber growing thereon, and also an account of 
all timber sold, the person or persons to whom sold, the 
amount of money received therefor, and the disposition 
of the moneys so received. 

Sec. 104. 

Fines, fees, and forfeiliires. disposition of.— All 
moneys received as fines, fees, or forfeiture under this 
Act, or as penalties for violations of the provisions of this 
Act, and not otherwise provided for, shall be jjaid to the 
State Treasurer and by him credited to the land office ex- 
pense fund. 

Sec. 105. 

Board of county commissioners may provide 
money for forest protection and mauasement.- The 

Board of County Commissioners of any county may 
provided [provide] money for the purposes <if forest pro- 
tection, improvement and management. 

Sec. 10(;. 

Violation of provisions of act. by ollicer or em- 
ployee, penalties.— Any officer or employee of the State 
of Montana guilty of a violation of any of the provisions 
of this .\ct and not lierein otherwise i)rovided for is hereby 
declared guilty of a felony, and shall be i)unished liy 
imprisonment in the State Prison for a term not exceeding 
ten years, or by a fine not exceeding Five Thousand 
Dollars, or by both fine and impri-sonment. 



PART II.— FIRES. 

(This part comprises the general provisions of law, 
if any, concerning protection from forest fires. For 
localized provisions, if any, concerning protection of 
State-owned lands, see Part III.) 

(1) PROTECTIVE SYSTEM. 

(This subdivision comprises the provisions of law, if 
any. defining the personnel and the administrative duties 
of the State organization charged with the pre\ention, 
detection, control, and extinguishment of forest fires. 
For specific jjrovisions, if any," concerning similar duties 
in connection with railroad fires, slash di.sposal, and 
fallow and other fires, see subdivisions (2), (3), and (4), 
respectively.) 

Sec. 11, Ch. 147, I>. 11)09. 

Fire wardens, appointment, compensation, and 
duties, in general: Volunteer fire wardens Ex oflicio 
fire wardens— Federal forest officials, as volunteer 
Are wardens. — The state forester shall appoint in such 
number and localities as he deems wise, public spirited 
citizens to act as volunteer fire wardens. Every sheriff, 
under sheriff, deputy sheriff, game warden and deputy 
game warden, shall be ex-officio a fire warden, but shall 
not receive any additional compensation by reason of the 
duties hereby imposed, and they shall be deemed paid 
fire wardens under the terms of this act. The supervisors 
and rangers of the federal forest reserves within this state, 
whenever they formally accept the duties and responsi- 
bilities of fire wardens, may be appointed volunteer fire 
wardens, and shall have all the powers given to fire wardens 
by this act. The fire wardens shall promptly report all 
fires to the state board of forestry, take immediate and 
active steps toward their extinguishment; report any 
violation of forest laws; and assist in apprehending and 
convicting offenders. 

Sec. 12. 

Arrests without warrants, by State forester and 
fire wardens Rii^ht of entry Prosecutions, how 
effected — Failure of fire wardens to perform dutie.s, 
penaltie.s — Office vacated. — The state forester, and all 
fire wardotis, shall have the power of peace officers to make 
arrests without warrants for violations, in their presence, 
of any state or federal forest laws, and no fire warden shall 
be liable for civil action for trespass committed in the 
discharge of their [his] duties. Any fire warden who has 
information which shows, with reasonable certainty, that 
any person has violated any provision of such forest laws 
shall immediately take action against the offender, by 
making complaint before the proper magistrate, or by 
information to the proper county attorney, and shall 
obtain all possible evidence pertaining thereto. Failure 
on the ijart of any paid fire warden to comjily with the 
duties prescribed in this act, shall be a misdemeanor, and 
punishable by a fine of not less than twenty dollars, nor 
more than one thousand dollars, or imprisonment in the 
county jail for not less than ten days nor more than twelve 



STATE FORESTRY LAWS MONTANA. 



months, or by both such fine and imprisonment/ and 
upon his conviction the district court wherein he is con- 
victed shall forthwith declare his office vacant, and 
notify the proper appointing power thereof. 

Sec. 13. 

Impressing assistance in fighting fires— Penalties 
for refusal — Limit of time. — All fire wardens shall have 
authority to call upon any able bodied citizen between 
the ages of eighteen and fifty years, resident in the vicinity, 
for assistance in putting out fires; and any such person 
who refuses to obey such summons, except for good and 
sufficient reason, is guilty of a misdemeanor, and upon 
conviction, shall be fined in a sum not less than fifteen 
nor more than fifty dollars ' or imprisonment in the 
county jail not less than one nor more than thirty dayg 
or both such fine and imprisonment; provided, that no 
citizen shall be called upon to fight fire a total of more 
than five days in one year. 

Sec. 14. 

Forest officers required to protect timber from 
fires — Emergency expenditures — Limit of expenses. — 

The state forester, assistant forester, and all fire wardens 
(except volunteer wardens), under such rules and regula- 
tions as the state board of land commissioners may pro- 
vide, shall protect the timlier of the state, and especially 
the timber owned by the state, from destruction by fire," 
and for such purpose, in emergencies, may employ men 
and incur other expenses, when necessary; provided, that 
no fire warden shall incur any expense in excess of fifty 
dollars, without express authority of the state board of 
land commissioners. 

Sec. 17. 

County attorneys to prosecute— Failure, a mis- 
demeanor; penalty; vacation of oflicfe — Actions 
against county attorneys— Penalties apply to mag- 
istrates, wlien. — Whenever an arrest shall be made for 
any violation of the provisions of this act, or whenever any 
information of such violations shall be lodged with him, 
the county attorney of the county in which this [the] act 
was committed must prosecute the offender or offenders 
if in his judgment the facts warrant the same. If any 
county attorney shall fail to comply with the provisions 
of this section he shall be guilty of a misdemeanor, and 
upon conviction, shall be fined not less than one hundred 
dollars nor more than one thousand dollars,' and, upon his 
conviction, the district court wherein he is convicted shall 
forthwith declare his office vacant, and notify the proper 
appointing power thereof. Actions against the county 
attorney shall be brought by the attorney general in the 
name of the state. The penalties of this section shall also 
apply to any magistrate, with proper authority who refuses 
or neglects to cause the arrest and prosecution of any 
person or persons, wlten a complaint under oath of a 
violation of any of the provisions of this act has been 
lodged with him. 



' For disposition ot fines, see sec. 104, on p. 3. 

' See also sec. 10, on p. 2, for fire duties, in general, of the State forester. 



(2) RAILROAD FIRES. 

(This subdivision comprises the provisions of law, if any, 
defining the responsibility of railroad and logging com- 
panies, the precautions to be taken by them, and their 
liability for damages occasioned in the operation and main- 
tenance of their trains and rights of way; also provisions 
concerning the use of spark arresters and other safeguards 
on traction, thrashing, other portaljle and sawmill engines, 
and boilers.) 

Sec. 4310, Rev. Codes, Mont., 1907. 

Rights of way to be kept clear from dead grass, 
etc. — Liability for damages caused by fire — Prima 
facie evidence of negligence — Requirement applies 
only to rights of way. — It shall be the duty of all rail- 
road corporations or railroad companies operating any - 
railroad within this state to keep their railroad track, and 
either side thereof, for a distance of one hundred feet on 
each side of the track or roadbed, so far as it passes through 
any portion of this state, free from dead grass, weeds or 
any dangerous or combustible material; and any railroad 
company or corporation failing to keep its railroad track 
and each side thereof free as above specified, shall be liable 
for any damages which may occur from fire emanating 
from operating such railroad, and a neglect to comply 
with the provisions of this section in keeping free any 
railroad track, and either side for a distance equal to the 
space of ground covered by the grant of the right of way 
for the railroad corporation or company, shall l^e prima facie 
evidence of negligence on the part of any such railroad 
corporation or company. But no railroad corporation or 
company shall be required to keep free as above specified 
any land not a part of its right of way. [Sec. 952, Code 
1895, Civil.] 

Sec. 4300. 

Fire-guards, ploughing and burning. — hat every 
railroad corporation operating its lines of road or any part 
thereof witliin this State, shall, between the fifteenth day 
of April and the first day of July in the year 1903 and each 
succeeding year thereafter, plough in a good and work- 
manlike manner, covering the sod well, upon each side 
of its line of road wherever it passes through a range 
or grazing country, a continuous strip of not less than six 
feet in width on each side of its track, as a fire-guard, 
which said strip shall as near as practicable run parallel 
with the line or lines of said railroad, and in addition to 
such ploughing, said railroad company shall cause to be 
burned between the fifteenth day of July and the fifteenth 
day of September of each year, all the grass and vegetation 
between the said ploughed strips and a Une of fifty (50) 
feet inside said ploughed strips; Provided that such fire 
guard so ploughed and biu-ned need not be constructed 
within tlie limits of any town, \dllage or city nor in private 
fields under cultivation nor along the line of such railroad 
whenever the same runs through the mountains or else- 
where where such ploughing or burning would be im- 
practicable; and provided further, that said fire guard or 
portion thereof, need not be ploughed or burned on or 
through any lands which may be released from the opera- 



STATE FORESTRY LAWS MONTANA. 



lion of this act by the Board of County Commissioners of 
the county wherein such land is situated by their written 
certificate of release filed in the office of the County Clerk 
of the said County; Provided further, that said ploughing 
be not less than three hundred (300) feet from the center 
of the railroad track on each side of same. Except in 
cases of cultivated fields and then such ploughing and 
burning shall be done closer to such railroad but not less 
than seventy feet from the center of the track. |Sec. 1, 
ch. G3, h. 1903. 1 

Sec. 4361. 

Failure of railroad to plough or burn flre-guards: 
Comity commissioners to perform worlt Recovery 
of double costs — Liability of oomjiany for damages 

caused. -That if any railroad company fails to comply 
with any of the pro\dsions of Section 1 of this Act the 
Hoard of C'otinty Commissioners of the County wherein 
such violation occurs shall cause the neglected plougliing 
or burning or both therein pro\-ided for, to be done, and 
may in a suit to be brought in their name, as said board, 
in the District Court having jurisdiction, recover double 
the amount of the cost of such plougliing or burning or 
both with reasonable attorney fees to be fixed l)y the 
(Jourt, and such railroad company shall be liable further 
for all damages caused by its failure to comply vvitli this 
act. [Sec. 2. ch. 63, L. 1903.] 

(3) SLASH DISPOSAL. 

(This subdivision comprises the provisions of law. if 
any, for slash disposal after lumbering and other cutting 
operations. ) 

Sec. 53, Ch. 147, L. 1909, amended by Sec. 4. Ch. 11,S, L. 
1911. 
Slash disposal on State lands: Brush and slasli- 
ings to lie piled and disposed of so as to prevent 
forest flres. — (For te.xt of provision, .sec this section 
on p. 6.) 

(4) FALLOW AND OTHER FIRES. 

(This subdivision comprises the provisions of law, if 
any. concernirg the burnirg of fallow, brush, etc., by 
farmers, and the general setting of fires to woods by 
hunters, fishermen, and others.) 

Sec. 8768, Rev. Codes, Mont., 1907. 

Penalties for carelessly setting lire to (inilier, 
woodland, or grass; or failing to estinguish camp 
Are, etc. — Every person who carelessly sets fire to any 
timber, woodland or grass, except for useful or nece.ssary 
|)urposes, or *ho at any time makes a camp-fire, or lights a 
fire tor any purposes whatever without taking sufficient 
steps to secure the same from spreading from the imme- 
diate locality where it is used, or fails to extinguish such 
lire before leaving it, is punishable by imprisonment in 
the county jail not exceeding one year, or by fine not 
exceeding two thousand dollars, or both. [Sec. 1071, 
Code 189,^j, Penal. I 



Sec. 8769. 

Penalties for wantonly selling Are to timber, 
woodland, or grass; or maliciously failing to extin- 
guish Are made for necessary purpose. Every person 
who wantonly or designedly sets fire to any timber, wood- 
land or grass, or maliciously fails to extinguish a fire after 
making the same for a necessary purpose, before lea\irg 
it, is punishable by imprisonment in the state prison not 
exceeding five years, or by fine not exceeding five 
thousand dollars, or Ixitli. [Sec. 1072, Code 189.5, Penal.] 

PART III. PUBLIC FORESTS. 

(This part comprises the provi.sions of law, if any, for 
the establishment and care of State and municipal forests 
and nurseries, and for the practice of forestry on these and 
on other lands owned liy the State.) 

(I) ST.ATE FORESTS. 

(For other provisions, if any, concerning State forests 
and nurseries, see Part 1. 1 

Sec. 1, Ch. 78, L. 1911. 

Ceding to United States school lands within 
national forests — Selection of lieu timlier lands. — 

All sections of lands numbered sixteen and thirty-six in 
surveyed townships and all unsurveyed sections which, 
when surveyed will be sections sixteen and thirty-six, 
within the boundaries of the National Forests within this 
state shall be deemed and held ceded to the United States 
as soon as an act shall be passed by Congress and approved 
by the President ceding to the state of Montana an equiva- 
lent number of sections of land situated in forest reserves 
and principally valuable for the timber which is growing 
thereon, which lands shall be known as lieu timber lands, 
and which lieu timber lands shall be selected as other 
state lands are selected from the public domain. 

Sec. 2. 

Lieu timber lands to be selected in compact body, 
or bodies, for State forest— Location of selections. — 

In selecting the lieu timber lands the State Board of Land 
Commissioners shall select the same as nearly as practi- 
cable in one compact body, or, if that be not practicable, 
then in one or more compact bodies, to the end that the 
same may be managed and controlled as a state forest, 
and the selections may be made from land in any county 
or counties of the State. 

Sec. 1, Cn. 81, L. 19!.->. 

State Board of Land Commissioners empowered 
to relinquish to I'nited States unsurveyed school 
sections in national forests for equivalent lieu 
lands — Existing contracts validated. That the State 
Board of Land Commi.ssionors of the State of Montana, be 
and are hereby authorized and empowered to enter into 
contracts or agreements with the United States, or any 
department thereof, having jurisdiction, waiving and re- 
linquishing to the United States any and all rights of the 
State of Montana in and to Sections Sixteen (16) and 



STATE FOEESTEY LAWS MONTANA. 



.Thirty-six (36) of each township, when said Sections are 
situated within a Federal Forest Reserve, and are at the 
date of such contract or agreement unsurveyed . Provided, 
that the State of Montana shall in lieu of the rights so 
waived and relinquished, receive from United States 
other lands equal in acre or value, and all contracts or 
agreements heretofore entered into between the State 
Board of Land Commissioners of the State of Montana and 
the United States or any department thereof relative to 
the waiving by the State of Montana of its rights to Section 
Sixteen and Thirty-six in any township in said State and 
the selection of lieu lands therefor by said State either 
according to area or value be and the same are hereby 
ratified, confirmed and validated. 

Sec. 2. 

All Acts and parts of .\cts in conflict herewith are hereby 
repealed . 

Sec. 53, Ch. 147, L. 1909, .-vmended by Sec. 4, Ch. 118, 

L. 1911. 

Sale of timber on State lands: State Board of 
Land Commissloner.s empowered to make sale — 
Regulation of cut, and other requirements. — (For 
text of these provisions, see this section, on this page.) 

Sec. 54, Ch. 147. L. 1909, .\mended by Sec. 5, Ch. 118) 

L. 1911. 

Sale of timber on State lands: Purchaser'.s bond 
conditioned upon cutting in compliance with regu- 
lations Ijy State Board of Land Commissioners.— 
(For text of these provisions, see this section, on this page. 

Sec. 55, Ch. 147, L. 1909, amended by Sec 6, Ch. 118, 

L. 1911. 

Permits to show large timber left. — (For text of 
this provision, see this section, on this page.) 

(2) OTHER STATE LANDS. 

(Laws wHch provide merely for the protection of State 
lands other than State forests from fire and from timber 
and other forms of trespass, and for the sale of timber and 
other forest products tlierefrom, are not included because 
their intent is not one of forestry.) 

Sec. 53, Ch. 147, L. 1909, amended by Sec 4, Ch. 118, 
L. 1911. 
Sale of timber on State lands: State Board of 
Land Commissioners empowered to make sale — 
Regulation of cut— Removal of timber subject to 
rules for preservation of young timber and preven- 
tion of fire — Slasli disposal requirements What esti- 
mates and appraisals must show in re measurements 
l)oth above and below 8 inches in diameter; location 
of timber relative to fire risks and transportation 
facilities; and value for watershed protection.— The 
State Board of Land Commissioners shall have power to 
sell timber on state lands at such price per thousand feet 
as in its judgment shall be for the best interest of the state, 
but not otherwise; but no such sale of live timber shall be 



made at a less price than tlu-ee dollars per thousand feet. 
But no live timber le.ss [than] eight inches in diameter, 
twenty feet from the ground, shall be sold or permitted 
to be cut. All timber sold or cut from state lands shall be 
cut and removed, under such rules and regulations for 
the preservation of standing timber, and the prevention 
of fires, as the State Board of Land Commissioners shall 
prescribe; in all cases the board must require the person 
cutting the timber to pile the brush and slashings and 
dispose of the same in such manner as to prevent forest 
fires. Before any permit shall be granted, the timber 
shall be estimated and appraised under the direction of 
the state forester, upon the request, and subject to the 
approval of the State Board of Land Commissioners, which 
estimates and appraisal shall show as nearly as may be 
the amount and value per thousand feet of all timber 
measuring not less than eight inches in diameter, twenty 
feet from the ground, and also all other timlier measuring 
below this standard on each tract or lot, together with a 
statement of the situation of the timber relative to risk 
from fires or damage of any kind, its distance from the 
nearest lake, stream, or railroad, and its value and posi- 
tion as a protection to a water shed. 

Sec 54, Ch. 147, L. 1909, amended by Sec. 5, Ch. 118, 
L. 1911. 
Sale of timber on .State lands: Purcliaser's bond 
conditioned upon cutting in compliance with regu- 
lations by State Board of Land Commissioners. — 

* * * no timber shall be sold after the passage of this 
act until the same has been re-appraised and estimated 
since March 19, 1909. Every person purchasing timber at 
such sale, before the execution of the permit to cut the 
same, shall execute a bond to the State of Montana, 

* * * and further conditioned upon the cutting of 
such timber in compliance with such rules and regulations 
as may be prescribed by the State Board of Land Com- 
missioners. 

Sec .W, Ch. 147. L. 1909, amended by Sec fi, Ch. 118, 
L, 1911. 

Permits to show large timber left. — -Ml permits to 
cut live timber under the provisions of this Act, shall be 
made according to a form prescribed by the Attorney 
General, and shall be signed by the party apjilyirg for the 
same and by the president and secretary of the State 
Board of Land Commissioners. 

Said permits shall contain * * * the amount of large 
timber required to be left standing * * *. 

(3) MUNICIPAL FORESTS. 

PART IV.— TAXATION. 

(This part comprises the jjrovisions of law, if any, cov- 
ering the classification and taxation of forested lands and 
land's to be forested, the purpose of which is to encourage 
the practice of forestry by. private owners; also such 
bounty and exemption laws as have a like purpose. For 
similar taxation provisions, if any, coucernii g State or 
municipal forests, or other State lands, see Part IIL) 



t.N'.ME.NT I'RI.S'TI.\G OFFICE : 191C 



Date of issue, January 29, 1916. 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative 
progress of each State in forestry legislation 



ILLINOIS 

(Serial 1— Through Reg. Sess., 1915) 

Compiled in the Office of Stute Cooperatiou by Jeannie S. Peyton 
PURPOSE OF COMPILATION 

Information about the forestry laws of the various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more; and requests for 
such information, coming from legislators. State administrative officers, forestry associations, 
forest schools, and other bodies and individuals, have led to the compilation, informally, of 
such State laws as bear more or less directly on the practice of forestry. 

The purpose of the compilation, of which this serial is a part, is to make easy a comparative 
study of the laws of the different States and to further the development of practical forestry 
legislation. By the classification of the laws and parts of laws under the headings, ' ' Adminis- 
tration," "Fires," "Public Foi'ests," and "Taxation," the comparison is simplified, and the 
pi-ogress of each State, or lack of it, in these particulars is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws 

and those finer points of reference proper oidy to a legal or administrative manual have been 

omitted. 

(lutie.s of the Stale orijanizatioti charged with the ]ire- 
vention. detection, control, and extinguishment of forest 
fires. For specific provisions, if any, concerning similar 
duties in connection with railroad fires, slash disposal, 
and fallow and other fires, see siibdiralons (2), (3), and 
(4), respectively.) 

(2) RAILROAD FIRES. 

(This subdivii^ion comprises the pro\isions of law. if 
any. delinins; the responsibility of railroad and logging 
companies, the precautions to be taicen by them, and 
their liability for damages occasioned in the operation 
and maintenance of their trains and rights of way; also 
provisions concerning the use of spark arresters and other 
safeguards on traction, thrashing, other portable and saw- 
mill engines, and boilers.) 

Sec. 63, Ch. 114, Rev. St.a.t., 1913 (Hurd). 

Clearing rights of way — Penalties. — It shall be the 
duty of all railroad corporations to keep their rights of 
way clear from all dead grass, dry weeds, or other dan- 



PART I.~ADMINISTRAT10N. 

(This part comprises the provision.s ijf law. if any, 
defining the general administrative duties of the regularly 
constituted State forestry olTicials; also certain miscel- 
laneous forestry provisions. For specific provisions, if 
any, concerning administrative duties of these or other 
Stale officers in connection with forest fiies. State and 
municipal forests and nurseries or other State lands, or 
forest ta.xation, see I'arts II, III. and IV. respectively.) 

PART II.— FIRES. 

(This part comprises the general provisions of law, if 
any. concerning protection from forest fires. For locali7,ed 
pro\isions, if any. concerning protection of State-owned 
lands, see Part lii.) 

(1) PROTECTIVE SYSTEM. 

(This sulidivision comprises the pro\ isions of law. if 
any. defining the personnel and the administrati\e 

18649—16 



STATE FORESTRY LAWS ILLINOIS. 



^^;5 



gerous combustible material, and for neglett shall be 
liable to the penalties named in section 1.' 

Sec. 103, Ch. 114. 

Civil action for injuries caused by fires from loco- 
motives: Prima facie evidence of negligence — Extent 
of owner's responsibility — Act not retroactive. — 

Be it enacted by the people of the State of Illinois, represented 
in the general assembly, That in all actions against any per- 
son or incorporated company for the recovery of damages 
on account of any injury to any property, whether real or 
personal, occasioned by fire communicated by any loco- 
motive engine while upon or passing along any railroad 
in this State, the fact that such fire was so cominimicated 
shall be taken as full prima facie evidence to charge with 
negligence the corporation, or person or persons who shall, 
at the time of such injury by fire, be in the use and occu- 
pation of such railroad, either as owners, lessees or mort- 
gagees, and also those who shall at such time have the care 
and management of such engine; and it shall not, in any 
case, be considered as negligence on the part of the owner 
or occupant of the property injiired, that he has used the 
same in the manner, or permitted the same to be used or 
remain in the condition it would have been used or re- 
mained had no railroad passed through or near the property 
so injured, except in eases of injury to personal property 
which shall be at the time upon the projjerty occupied 
by such railroad. This act shall not apply to injuries 
already committed. [1.. 1869, p. 312, sec. 1.] 

(3) SLASH DISPOSAL. 

(This sul)division comprises the provisions of law, if any, 
for slash disposal after lumbering and other cutting opera- 
tions.) 

(4) FALLOW AND OTHER FIRES. 

(This subdivision comprise.- the )iro visions of law, if any, 
concerning the burning of fallow, brush, etc., by farmers, 
and the general setting of fires to woods by hunters, fisher- 
men, and others.) 

Sec. is, Ch. 3S, Rev. Stat., li)13 (Hurd). 

Burning woods, prairies, etc.: Fine^Notice to 
neighbors— Civil action. — If any jierson shall, at any 
time hereafter, wilfully and intentionally or negligently 
and carelessly set on fire, or cause to bo sot on fire any 
woods, prairies or other grounds whatsoever, he shall be 
fined not less than %o nor more than ?!00: Provided, this 
section shall not extend to any pei'son who shall set on 
fire or cause to be set on fire any woods or praii'ies adjoining 
his own farm, plantation or inclosure, for the necessary 
preservation thereof from accident by fire, between the 
last day of November and the first day of March, by giving 
to his neighbors atid the owner or occupant of such land, 
and any person likely to be affected thereby, two days' 
notice of such intention [sic]: Provided, also, this section 

1 The penalty clause in section 1, in addition to damages, provides 
that railroads 'shall be lialilo for reasonable attorney's fees in both trial 
and appellate courts when damage is negligently or willtully r^p"" 



shall not be construed to take away any civil remedy 
which any person may be entitled to for any injury which 
may be done or received in consequence of any such firing. 

PART III. PUBLIC FORESTS. 

(This part comprises the provisions of law, if any, for the 
establishment and care of State and municipal forests and 
nurseries, and for the practice of forestry on these and on 
other lands owned by the State.) 

(1) STATE FORESTS. 

(For other provisions, if any, concerning State foi-ests 
and nurseries, see Part I.) 

(2) OTHER STATE LANDS. 

(Laws which provide merely for the protection of State 
lands other than State forests from fire and from timber 
and other forms of trespa.ss, and for the sale of timber and 
other forest products therefrom, are not included, because 
their intent is not one of forestiy.) 

(3) municipal forests. 

Sec. 1, Ch. .57a, Rev. Stat., 1913 (Hurd). 
Forest preserve districts, incorporation of. — Be it 

enacted by the people nf the State of Illinois, represented in the 
general assembly. That whenever any area of contiguous 
territory lying wholly within one county contains one or 
more natural forests or parts thereof and one or more cities, 
towns, or villages, such territory may be incorporated as a 
forest preserve district in the following manner, to wit: 

Petition for organization — Notice of hearing — 
Hearing — Order defining boundaries — Joint hear- 
ings. — Xny live hundred legal voters residing within the 
limits of such proposed district may petition a circuit 
judge of the county in which such proposed district lies 
to cause the question to be submitted to the legal voters nf 
such proposed district, whether or not it shall be organized 
as a forest preserve district under this act; such petition 
shall be addressed to the circuit judge or judges of the 
(•ounty in which such proposed forest preserve district 
is situated and shall contain a definite description of the 
territory intended to be embraced in such district and the 
name of such district. Upon the filing of such petition in 
the office of the clerk of the circuit court of the count}' in 
which such territory is situated, it shall be the duty of such 
circuit judge to whom such petition is assigned to fix a 
day and hour for the public consideration thereof, which 
shall not be less than fifteen days after the filing of such 
petition. Such circuit judge shall cause a notice of the 
time and place of such public consideration to be pub- 
lished three successive days in some newspaper having 
a general circulation in the territory proposed to be placed 
in such district. The date of the last publication of such 
notice shall not be less than five days prior to the time set 
for such public hearing. At the time and place fixed for 
such public hearing said circuit judge shall sit and hear 
any person owing [owning] property in such proposed 
district A^ho desires to be heard, and if said circuit judge 
, s)i^ll liud ,<, b iV ■V^i'il.jli'^ provisions of this act have been 



LIBRARY OF CONGRESS 

HECEIVED 



STATE FORESTRY LAWS- — ILLINOIS. 



complied with, he shall cause to be entered upon the rec- 
ords of the circuit court of such county an order fixing and 
defining the boundaries and the name of such proposed 
district in accordance with the prayer of the petition. In 
the event that any other petition or petitions for the organi- 
zation of a forest preserve district or districts in the same 
county shall be filed under this act before the time fixed 
for the public hearing of the first petition, said circuit 
judge shall postpone the public consideration of the first 
petition so that the hearing of all said petitions shall be 
set for the same day and hour. In any county where there 
are two or more judges sitting at the time of filing such first 
petitions the clerk of said circuit court shall cause all peti- 
tions, filed subsequent to said first petition to be assigned 
to the judge to whom said first petition is as.sigued, so that 
all such petitions may be heard by the same judge. 

Consolidation of petitions — Name of district. — 
Should two or more petitions be filed \inder this act and 
come on for hearing at the same time and it shall be found 
by said circuit judge that any of the territory embraced in 
any one of said petitions is included in or contiguous with 
the territory embraced in any other petition or petitions, 
said circuit judge may include all of the territory described 
in such petitions in one district and shall fix the name pro- 
posed in the petition first filed as the name for said district. 
After the entry of the order fixing and defining the bounda- 
ries and the name of such proposed district, it shall be the 
duty of said circuit judge to order to be submitted to the 
legal voters of such proposed district at any special or gen- 
eral election held therein, the question of the organization 
of such proposed district and he shall give notice thereof 
by causing ten notices of such election to be posted in pub- 
lic places within such proposed district, and one notice 
thereof to b'e published at least five days prior to the date 
of such submission in some newspaper having a general 
cii'culation in the proposed district. Said notices shall 
contain a definite description of the territory intended to 
be embraced in such district, and the name of such dis- 
trict. [L. 1913, p. 38.5, sec. 1.] 

Sec. 2. 

Form of l)all<>t — Canvass of returns.— The ballots 
to be u.ied at such election shall be substantially in the fol- 
lowing form : 



"Shall there be organized a forest pre- 
serve district in accordance with the or- 
der of the judge of the circuit court of 

county, under the date of 

the day of , 

191.., to be known as (insert here the 
name of the proposed district as entered 
in the order of the judge of the circuit 
court) and described as follows: (Insert 
description of proposed district as en- 
tered in the order of the judge of the cir- 
cuit court)." [?] 



No. 



The returns of such election in each of the proposed dis- 
tricts shall be made to the clerk of the circuit court of such 
county and shall be canvassed by him and he shall cause a 
statement of the result of such election in each district to 
be entered upon the records of the cu'cuit court of such 
county, and if a majority of the votes cast in any district 
upon such question is found to be in favor of the organiza- 
tion of such forest preserve district, such forest preserve 
district .shall thenceforth be deemed an organized forest 
preserve district under this act. |L. 1913, j). 38r), sec. 2.) 

Sec. 3. 

Judicial notice of districts — Management by board 
of commissioners -Board, members of: Appoint- 
ment — Qualifications -Terms of office— Oath. — All 

coiU"ts shall take judicial notice of all forest preserve dis- 
tricts organized under this act. The affairs of such dis- 
trict shall be managed by a board of commissioners con- 
sisting of a president and four commissioners, all of whom 
shall be appointed by the president of the board of county 
comrai.s.sioners or the chairman of the board of supervisors 
of the coimty in which such forest preserve district is 
situated, by and with the advice and consent of the 
members of such board. The first appointment shall be 
made within ninety days and not sooner than sixty days 
after such forest preserve district has been organized as 
provided herein. Each member of such board shall be a 
legal voter in such district. At the time of the making 
of the first appointments, the president shall be appointed 
for a term of four years, two members for a term of two 
years each, and two members for a tcnn of foiu- years each 
and until their successors are appointed and qualified; 
and at the expiration of the term of the president or any 
member, his successor shall in like manner be appointed 
for a term of four years and until his successor is appainted 
and qualified: Provided, that no more than three members 
of such board shall be of the same political party. Each 
member of the board before entering upon the duties of 
his office shall take the oath prescribed by the constitution. 
Districts to constitute bodies corporate and 
politic — Risrlits and powers — Seal— When corporate 
authorities of counties, villages, or towns, etc., to 
exercise powers of commissioners — No additional 
compensation. — From the time of the a])pointment of 
the first board of commissioners, such forest preserve dis- 
trict shall be construed in law and equity a body coipo- 
ratc and politic by the name and style determined as 
aforesaid and by such name may sue and be sued, contract 
and be contracted with, acquire and hold real and per- 
sonal estate necessary for its corporate purposes and adopt 
a seal and alter the same at its pleasure. In case the 
boundaries of any such district are co-extensive with the 
boundaries of any county, city, village, incorporated town, 
or sanitary district, the corporate authorities of such 
county, city, village, incorporated town, or sanitary dis- 
trict shall have and exercise the powers and privileges 
and perform the duties and functions of the commissioners 



4 



STATE FOKESTBY LAWS ILLINOIS. 



provided for herein and in such case no commissioner 
shall be appointed for such district. Such corporate 
authorities shall act without any other pay than that 
already provided by the law. [L. 1913, p. 385, sec. 3.] 

Sec. 4. 

Vacancy in office of president or commissioner of 
district caused by ceasing to be a legal voter therein — 
Successor, appointment of. — Whenever any person 
holding the office of president or commissioner of any such 
district shall, from any cause, cease to be a legal voter 
within such district, his office shall thereupon become 
vacant, and a successor shall be appointed for the re- 
mainder of his term as other members of the board of 
commissioners are appointed. [L. 1913, p. 385, sec. 4.] 

Sec. 5. 

Power to create forest preserves — Nature of lands 
to be acquired — Purposes of preserves.— Any forest 
preserve district organized under this act shall have the 
power to create forest preserves, and for that purpose .shall 
have power to acquire, in the manner hereinafter pro- 
vided, and hold lands containing one or more natural for- 
ests or parts thereof, for the purpose of protecting and pre- 
serving the flora and fauna and scenic beauties within such 
district, and to protect and preserve such lands as nearly 
as may be in their natural condition for the purpose of the 
education, pleasure, and recreation of the public. [L. 
1913, p. 385, sec. 5.] 

Sec. 6. 

Acquisition of lands for forest preserves — Paths, 
roadways, etc., through. — The board of commissioners 
of every such forest preserve district shall have the power 
to acquire, by gift, grant, devise, or purchase, or by con- 
demnation, any and all grounds and lands within such 
district containing one or more natural forests, or parts 
thereof, for the purpose of creating, laying out, and main- 
taining such forest preserves as it may deem proper or 
desirable. Such board of commissioners shall have the 
power to establish, lay out, improve, and maintain such 
convenient and appropriate paths, driveways, and road- 
ways in and through such forest preserves as they shall 
deem desirable or necessary for the use of such forest 
preserves by the public. 

Title under condemnation proceedings— Sales of 
lands acquired— Approval of sales. — In all cases where 
any such foreot preserve district acquires any land by 
condemnation, the title thereto shall be in fee simple abso- 
lute, and such title shall not terminate or be defeated by 
cessation or abandonment of the use for which it was 
acquired. The board of commissioners of any such forest 
preserve district may, by ordinance passed by the affirma- 
tive vote of all of the members of such board, sell and dis- 
pose of any lands acquired by such board: PTOvided fur- 
ther, however, That no such sale or disposal shall be effec- 
tive until it is approved by the board of county commis- 
sioners or board of supervisors of the county in which such 
district is located. [L. 1913, p. 385, sec. 6.] 



Sec. 7. 

Speed and traffic regulations within forest pre- 
serves — Penalties. — The board of commLssioners of any 
forest preserve district organized hereunder may by ordi- 
nance regulate and control the speed of travel on all paths, 
driveways, and roadways within forest preserves, and 
prohibit the use of such paths, driveways, and roadways 
for racing or speeding purposes, and may exclude there- 
from traffic, teams, and vehicle.-^, and may by ordinance 
prescribe such fines and penalties for the violation of 
their ordinances as cities and villages are allowed to pre- 
scribe for the violation of their ordinances. [L. 1913, p. 
385, sec. 7 .] 

Sec. 8. 

Board of commissioners to constitute corporate 
authority of each forest preserve district — Em- 
powered to pass ordinances, etc., and appoint secre- 
tary, treasurer, and other officers and employees — 
Appointments under civil service, except treasurer 
and attorneys. — The board of commissioners appointed 
in pursuance of the provisions of this act shall be the corpo- 
rate authority of such forest preserve district and shall have 
power to pass and enforce all necessary ordinances, rules, 
and regulations for the management of the property and 
conduct of the business of such district. Such board shall 
ha\ e power to appoint a secretary and treasurer and such 
other officers and such employes as may be necessary, all 
of whom, except the treasurer and attorneys, shall be under 
civil-service rules and regulations, as provided for by sec- 
tion 9 of this act. 

Salaries. — The president shall receive a salary not to 
exceed the sum of twenty-five hundred dollars per annum 
and the salary of other members of the boar<l shall not ex- 
ceed fifteen hundred dollars per annum. Salaries of the 
commissioners, officers, and employes .shall be fixed by 
ordinance. [L. 1913, p. 385, sec. 8.] 

Sec. 9. 

Selection of employes, except treasurer and at- 
torneys, subject to civil-service law. — Whenever the 
county in which any such forest preserve district is located 
shall be governed by any law regulating its civil .service 
and the method of selecting its employes, in eA'ery such 
case all employes of such forest preserve district excejit 
the treasurer and attorneys, shall be selected in the manner 
pro\aded by the law regulating the civil serxdee in such 
county and all such employes shall be suliject at all times 
to the provisions of such act. [T.. 1913. p. 385, sec. 9.) 

Sec. 10. 

Record of ordinances, etc., and annual report by 
board of commissioners. — The board of commissioners 
shall keep a record of all ordinances and other proceedings 
which shall be open to the inspection of any person resid- 
ing ill such district at all reasonable and proper times. 
The board of commissioners shall report annually to the 
board of county commissioners of [or] the board of supervis- 



STATE FORESTRY LAWS ILLINOIS. 



ors of the county in which such district is located, the reve- 
nues received, expenditures made, land acquired, with 
the progress of construction work, the condition of the prop- 
erty and such other matters as may have been acted upon 
by the board durinj; the previous year. [I.. 1913, p. 385, 
sec. 10] 

Sec. 11. 

Publieatiou of ordinances imposing penalties, or 
making appropriations — Dates of ordinances, etc., 
taking effect — Evidence of passage and publica- 
tion. — All ordinances imposing any tine or penalty or 
making any appropriation of money, shall within ten 
days after their passage, be published at least once in gome 
newspaper published in such district or having a general 
circulation therein to be designated by the board of com- 
missioners and no such ordinance shall take effect until 
ten days after it is so published. All other ordinances and 
all orders or resolutions shall take effect from and after their 
passage unless otherwise provided therein. All ordi- 
nances, orders and re.solutions and the date of publica- 
tion thereof may be proven by the certificate of the secre- 
tary of such district under the seal of the corporation and 
when printed in book [or] pamphlet form and published 
by authority of such board of commissioners, such book or 
pamphlet shall be received as evidence of the pa.ssage and 
publication of such ordinances, order.s and resolutions as 
of the date mentioned in such book or pamphlet in all 
courts and places without further proof. [L. 1913, p. 385, 
sec. 11.] 

,Sec. 12. 

President of board of commissioners: Powers and 
duties of, In general— Right of veto— Entitled to 
vote, when— President pro tern.- The president of the 
lioard of commissioners of any district oi'ganized here- 
under, shall preside at all meetings of the board and be 
the executive officer of such district; he shall sign all ordi- 
nances, resolutions and other papers necessary to be signed 
and shall execute all contracts entered into by such dis- 
trict and perform such other duties as may be prescribed 
by ordinances. He shall have the right to veto any ordi- 
nance: Provided, That such veto shall be filed with the 
secretary of such board within five days after the passage 
of such ordinance and when so vetoed such ordinance 
shall not be effective unless the same be again passed by 
the unanimous vote of all the members of such board. 
The president shall be entitled to vote only in case of a 
tie. In the temporary absence or inability of the presi- 
dent, the commissioners may elect from their own number 
a president pro tem. 

Passage of ordinances, etc., requirements for. — 
The "yeas" and ''nay.s" shall be taken upon the pa.s.sage 
of all ordinances and all proposals to create any liability 
or for the expenditure or ai)propriation of money and in all 
other cases at the request of any member of the board, and 
shall be entered on the journal of the board's proceedings, 
and the concurrence of a majority of all the members 



appointed to the board shall be necessary to the passage 
of any such ordinance or provision. |L. 1913, p. 385, 
sec. 12.] 

Sec. 13. 

Power of board to raise money by taxation, bor- 
rowing, and bond issues— Limit of Indebtedness — 
Maturing of bonds. — The board of commissioners of any 
forest preserve district organized hereunder shall have 
power to raise money by general taxation for any of the 
purposes enumerated in this act, and power to Ijorrow 
money upon the faith and credit of such district and to 
issue bonds therefor: Provided, however, such district shall 
not become indebted in any manner or for any purpose, to 
an amount including existing indebtedness in the aggre- 
gate exceeding one per centum of the assessed value of the 
taxable property therein as ascertained by the last equal- 
ized assessment for State and county purposes. Before 
or at the time of issuing bonds, the board of commissioners 
shall provide, by ordinance, for the collection of an annual 
tax sufficient to pay the interest on such bonds as it falls 
due, and to pay such bonds as they mature, and said tax 
to so pay the interest on said bonds as it falls due and to 
pay said bonds as they mature, shall not be permitted to 
increase the taxing power of said district as herein ))ro- 
vided for. All bonds issued by any forest preserve dis- 
trict shall be divided into series, the first of which shall 
mature not later than five years after the date of issue, 
and the last of which shall mature not later than twenty 
years after the date of issue. 

Time and manner of levying general taxes— Limita- 
tion of amount. — .\11 general taxes levied by the board 
of commissioners of any forest preserve district shall be 
levied at the same time and in the same manner as taxes 
are levied for city and village purposes: Provided, that 
the amount of taxes levied for any one year shall not ex- 
ceed the rate of one mill on each dollar. All moneys col- 
lected under the provisions of this act shall be paid to the 
treasurer of such di.'-trict. [L. 1913, p. 385, sec. 13.] 

Sec. 14. 

Annexation of adjoining territory, method of pro- 
cedure. — Any terrifor)- adjoining any forest preserve dis- 
trict organized hereunder may become a part of such dis- 
trict in the following manner: Upon the filing with the 
county judge of the county in which such district is 
located, of a petition signed by not less than ten per cent 
of the legal voters residing within the territory proposed 
to be annexed, such county judge shall submit at the 
next general election held in the territory so proposed to 
be annexed, the question of such annexation, and if a 
majority of the votes cast upon such question shall be in 
favor of such annexation, when such votes are canvassed 
in the manner provided for the canvass of the votes upon 
the creation of a forest i)reserve district, sui-h territory so 
proposed to be annexed shall become and b(^ a ])art of 
such fiircsl pr.'serve district. [L. 1913, p. 385, sec. l-I.] 



STATE FOEESTRY LAWS ILLINOIS. 



PART IV.— TAXATION. 

(This part comprises the provisions of law, if any, cover- 
ing the classification and taxation of forested lands and 
lands to be forested, the purpose of which is to encourage 
the practice of forestry Ijy private owners; also such 
bounty and exemption laws as have a like purpose. For 
similar taxation provisions, if any, concerning State or 
municipal forests, or other State lands, see Part III.) 

Sec. 1, Ch. 130, Rkv. St.\t., 1913 (Huru). 

Bounties for planting and cultivating forest trees, 
counties authorized to offer. — Be it enacted by the 
people of the Staie of Iltinois, represented in the general 
assembly, That it shall be lawful for the board of super- 
visors or county corrtmissioners' court [board of county com- 
missioners] in any county in this State to offer a bounty to 
any person in said county who shall hereafter plant one 
or more acres of land with forest trees, and properly culti- 
vate the same for three years, any sum not to exceed |10 
per annum for three years for each acre so planted and 
cultivated [sic]: Provided, that trees so planted shall not 
be at a greater distance than ten feet apart each way. 



Sec. 2. 

Proof. — Any person claiming the bounty under this act 
shall make proof before the county clerk that he has com- 
plied with section 1 of this act, and that the trees planted 
by him are in a healthy and growing condition. 

Sec. 3. 

Certificate. — Upon proof of a compliance with this 
act the county clerk shall issue his certificate to the person 
entitled to the same, setting forth that the provisions of 
this act have been complied with and the number of acres 
so planted. 

Sec. 4. 

Bounty, how offered. — The board of supervisiors or 
county commissioners' court [board of county commission- 
ers], desiring to offer the bounty herein provided for, shall 
do so by resolution, to be made of record, and giving 
notice in some newspaper published in the county three 
weeks prior to the first day of April of each year; said reso- 
lution and notice to state the amount of lioimty offered 
for each acre planted and cultivated. 



WASIIINGTO.N : GOVERNMENT 1 



JKFU'E : 191G 



UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 
Henry S. Graves, Forester 



Uccombcr 15, I'JIO 



STATE FORESTRY LAWS 

A parallel classification showing the comparative progress of each State in forestry legislation 

OHIO 

(Serial 1— Through Reg. Sess., 1915) 

Cuiiipildl ill llie Ottice of State Cooiieratioii hy Jciiuiic S. I'eyldii 



CONTENTS. 



I'age. 

Purpose of compilation 1 j Part III.— l>ul)lic forests. 

Part 1.— .\dratnistration 1 State forests 

Board of Control ofthe Ohio Agricultural Experiment Station. 2 ! Part IV. — Ta.\ation 

Part II. — Fire protection 2 j Table of acts 

Kindling fires in the open 2 i 

Hailroads 2 



PURPOSE OF COMPILATION. 

Information about tlie fotestiy laws of the various States, especially about those laws 
il.'alin<r with certain specific problems, is being demanded more and more; and retiuests for 
such information, comin<r from lejiislators, State administrative otlicers, forestry as.sociations, 
forest schools, and other bodies and individuals, have led to the compilation, informally, of 
such State laws as bear more or less directly on the practice of forestry. 

'I'he purpose of the compilation, of which this serial is a jjart. is to make easy a com- 
parative study of the laws of the different States and to further the development of practical 
forestry legislation. By the classification of the laws and parts of laws under the headings, 
"Administration." "Fire Protection,'' "Public Forests." and "Taxation," the comparison is 
simplified, and the progress of each State, or lack of it. in these particulars, is clearly shown. 

The better to accomplish this educational aim, the great ma.ss of timber and tree laws and 
those finer points of reference proper only to a legal or administrative manual have been 
omitted. Exi)laiiatory matter in Ijohl type is not a j)art of the original text. 

PART I.— ADMINISTRATION. 



(Tliis part coiiiini.st's tin' iiinvisiuiis nf law. if any. 
(letiiiiiif; tlie ^.'fiicral adiiiinisli-alivo iliities of the regu- 
liiily coiixtitutMl State forestrx ottiiials; also certain 
miscellaneous foi-estry iirovisioiis. Fur specitic pro- 
visions, if any, coiuerning administrative duties of 
62224— Ifi 



these or other Slate olliccrs in ((imiccliiin witii Imesi 
fires, State and municipal forests oi- otlicr SlaK- 
lands, or forest taxation, see I'arts II. III. ami IV, 
respectively.) 



^^'fi 



STATE FOKESTRY LAWS OHIO. 



PART I— Contd.J 

BOARD OF CONTROL OF THE OHIO AGRICULTURAL 
EXPERIMENT STATION. 

1. Conducts investigations and experiments. 

The board of control ' [of the Ohio Agricultural 
Experiment Station] shall carefully Inquire into the 
character and extent of the forests of the State, the 
causes of tlieir waste and decay, and methods for 
their preservation and development. It shall conduct 
investigations in the several sections of the State, de- 
termine the species of valuable triH?s best suited to 
grow on the various kinds of soil, and ascertain the 
best methods and cost of the propagation, planting, 
and cultivation of wood lots and plantations. It 
shall determine the average rate of growth of the 
various species of trees and the relative values of 
different kinds of timber for domestic and commercial 
purposes, and conduct experiments for the purposes 
of increasing durability of the various kinds of wood ; 
determine the kind of trees and shrubs best suited 
to different localities for windbreaks and shelter, 
and for beautifying grounds, and ascertain the best 
methods of planting and managing them. [Sec. 
1177-10. Gen. Code of Ohio, 1910. in L. 1915, p. 12G.] 

2. Cooperates with United States Depart- 
ment of Agriculture. 

The board of control may cooperate with the De- 
partment of Agriculture of the United States in con- 



ducting such portion of the work mentioned in section 
1177-10 of the General Code,' as may be agreed upon 
by the board of control and such department of agri- 
culture. [Sec. 1177-11, Gen. Code of Ohio, 1910, in 
L. 191.5, p. 126.] 

3. Cooperates with counties. 

ri. Use of county experiment fnrms for fores! cul- 
ture. — The county experiment farms" established 
under this act shall be used * * * for illustra- 
tions of the culture of forest trees and the manage- 
ment of farm woodlots ; * * * or for such part of 
the above lines of work as it may be practicable to 
carry on. [Sec. 1175, Gen. Code of Ohio, 1910, in L. 
1915, p. 124.] 

'). Working- plans for experiment farms. — Before 

entering upon any line of investigation or demonstra- 
tion upon any of the county experiment farms estab- 
lished under this act, the director of the experiment 
station shall submit a written plan of such contem- 
plated work to an advisory board, consisting of the 
county agricultural society of the county in which 
such experiment farm may be located, or if there be 
no county agricultural society, then the board of 
county commissioners of such county, and if such plan 
is not approved by such advisory board, then the 
work shall not be undertaken. [Sec. 1177-6, Gen. 
Code of Ohio, 1910. in L. 1915, p. 125.] 



PART II.— FIKE PROTECTION. 



(This part comprises the general pi'ovisions of law, 
if any, concerning protection from forest fires. For 
localized provisions, if any. concerning protection of 
Slate-owned lands, see Part III.) 



KINDLIN(; FIRES IN THE OPEN. 

1, Criminal liability. 

For maliciously or ueg:ligent!y setting lire to 
woods, etc., or letting fire escape. — Whoever mali- 
ciously or negligently sets fire to woods, prairies or 
grounds not his property, or maliciously permits fire 
to pass from his prairies or grounds to the injury or 
destruction of the property of any other person, shall 
I>e fined not more than one hundred dollars, or im- 
prisoned not more than twenty days, or both. [Sec. 
12436, Gen. Code of Ohio, 1910.] 

' The board of control consists ot five members, appointed 
by the governor, with (he advice and consent of the senate, 
all of whom are required to be practical farmers. (Sec. 
1]71. Gen. Code of Ohio, 1910, in L. 1915, p. 122, sec. 2.) 
The board appoints a director, who with its approval ap- 
points the personnel of the station, including the chief of 
the department ot forestry. (Sec. 1171-4. Gen. Code of 
Ohio, 1910, in L. 1915, p. 123, sec. 6.) 



RAILROADS. 



2. Provide spark arresters, and keep them in 
good repair. 

Ill 1.1 Kxc-c]!! in llic iikpiiIIis of ] (iTcmlier, .lanuary, 
and February, any comi^iny or person opei-ating a 
railroad or a part of one, shall place on every loco- 
motive engine used tlierefor, or in construction or 
repairing tlie road, such device or contrivance as 
most effectually will guard against the escape of 
fire or sparks that otherwise would be thrown out by 
such engines, and keep the device in good repair. 
[Sec. 8966, Gen. Code of Ohio, 1910.] 

[H 2.] Penalty. — A railroad company, corporation, 
01 person violating llu' provisions of the next preced- 
ing section, upon conviction thereof in a court of com- 
petent .iuri.sdiction, sliall forfeit and jiay for each vio- 
lation any sum not exceeding one lunidred dollars. 
ln,iunction proceedings. — In .idditlon (hereto tlie 

> See Table of Acts, p. 4. 

2 Any county may at its own expense equip and maintain 
such an experiment farm, the actual management of which 
devolves upon the board of control of the agricultural ex- 
periment station. (Sec 1176 et seq.. Gen. Code of Ohio. 
1.^10, in L. 1915, pp. 124, 125.) 



STATE FOKESTRY LAWS — OHIO. 



I'AKT 11— CoiiUI.l 

(•(iiii't (if ciiiuiiioii i)K'ns, in a county tlirougli which 
such railroads are constructed and operated, may 
enjoin sncb companies, coriioratious or persons from 
usini; on such railroads, a loconioli\o not provided 
with the devic<! hereinbefore required. [Sec. S967, 
Cen. Code of Ohio, 1910.1 

3. Rights of way cleai'ed. 

(/. By railroads. — ICvery coni))an.v, or person in 
charge of a railroad as manager or receiver, shall 
keep the right of way clear from weeds, higli grass, 
and decayed timber, which from nature or condition 
are combustible, anil liable to take or communicate 
lire from pa.ssing locomolives to abutting or adjacent 
|ii-operty. Civil llabilily for lii,juries canscd by 
carelessness or neglect. — Such company shall be 
liable for all damages sustained by the owner or 
oci'upant of such property from carelessness or neglect 
to keep its right of way clear of such combustible 
material. [Sec. 8968, Gen. Code, 1910.] 

h. By ad,jacpnt owners. — In case of failure to com- 
ply with llie above requirements, a person owning or 
controllitig property abutting on or adjacent to a 
railroad right of waj , after twenty days' notice in 
writing, the default still continuing, may cause all 
combustible m,iterial to be removed from tlie right of 
way along or by such propert.\'. Recovery of costs. — 
ITpon presentation of a reasonable account therefor to 
the agent at the neai-est station of such company or 
leceiver, if it or he refuses to pay the amount asked, 
within thirty days, it may be recovered before any 
court having jurisdiction therefor. [Sec. 8969, Gen. 
Code of Ohio. 1910.1 

4. I.,iability for loss or damage by fires. 

(I. Originating' npon railroad lands. — Kvery com- 
pany, or rcr<>ivi'i- of sncb com|i;iny. o]ierating a rail- 
load or a pari of one. shall be liable for all loss or 



damage by fires originating upon the land belonging 
to it caused by operating such road. Originating; 
upon adjacent lands. — Such company, or receiver of 
such conqiany. further shall be liable for all loss or 
damage by fires originating on lands adjacent to its 
land, cau.sed in whole or part by siiarks from an en- 
gine jiassing over such railroad, [No exemption 
from liability through care in equipping and 
operating engines. — ] ;ind the exercise by such com- 
Iiany, or receiver of such company, of due care in 
equipping and ojjerating such engine shall not exempt 
such conqiany, or receiver of such company, from such 
liability, which may be recovered before any court of 
competent jurisdiction within the county in which the 
lands on which such loss or damage occurs are situ- 
ated. [Sec. 8970. Gen. Code of Ohio. 1910: in L. 1911. 
I>Ii. 108. 109. sec. 1.] 

6. [Hi.] Fire, prima facie evidence of liability. — 

The existence of fire.t upon the railroad company's 
lands is prima facie evidence that they are caused by 
operating such railroad. Proviso. — Provided thai 
nothing herein shall invalidate or iirohibit contracts 
of such company or receiver now existing or here- 
after made, by which such company or receiver is in- 
demnified against such loss or damage by fire, or lia- 
bility therefor released. [Sec. 8970, Gen. Code of 
Ohio, 1910; in L. 1911, pp. 108, 109, sec. 1.] 

|*j 2.1 No exemption from liability on plea of 
neglect on part of owner. — In no case sliall it be 
considered as negligence on the part of the owner or 
occupant of property so injured by fire, that he used 
it, or permitted it to he used and remain as if no rail- 
ro.ul passed through or near such property. Excep- 
tion. — Itut this rule shall not .-ipply i" cases of injury 
by fire to personalty wlildi .-it I be dm.' was on the 
property occupied by ^ucli ro.id. | Sec. S'.IT'J, Gen. 
Code of Ohio, 1910.1 



PART III.— PUBLIC FORESTS. 



I'l'liis p;irl comprises Ihe ]irovlsions of law. if any, 
for the estabiislinu'nt and care of Slate and numicipal 
forests, and for the practice of forestry on these and 
(11 other lands owned by the State.) 

STATE FORESTS. 

1. State board of control. 

II. Purchases lands for State forests — Cost lim- 
ited. — The board of control of the agricultural exjieri- 
iiietit Station may buy forested lands or other lands 
in the State suitable for the growth of forest trees, 
at a price not exceeding ten dollars per acre, to the 
atuount of the aiipropriation for that purpose. All 
lauds so purchased shall be deeded to the State and 
shall be kuowu as .State forests, but the purchase 
in-ice of such lands shall not be paid until the title 
thereof has been appnjved by the attorney general. 



[Sec. 1177-lOa. (Jen. Code of Ohio. 1910. in I.. r.ll."p. 
p. 540, sec. 1.] 

6. Has charge of lands. — [The board shall] have 
entire custody of such forest lauds, and enqiloy such 
local assistance as it may deem necessary. 

c. Promotes reforestation. — The board may plani 
such trees as it may deem exiiedient, and lake such 
measures as it may deem necessary to bring about a 
pi-ofitable growth of timber on sucli lands. 

(/. Protects the lands. — The board may fence sncb 
lands with substantial wire fencing, protect them 
from forest fires and trespassers, preserve the timber 
thereon. * * *. [Sec. 1177-1 Ob. Gen. Code of Ohio. 
1910. in L. 191.5. p. .540, .see. 2.1 

e. Sells timber therefrom, and portions of the 
lands. — The board of control may sell wood and tim- 
ber from the State forests whenever they may deem 



STATE FORESTRY LAWS- — OHIO. 



I'AUT 111— Coutd.J 

such salf (lesir.ibU", iiiul with the appi'oval of the 
iittorney general may sell portions of the State forest 
lands when such lanils shall command a greater price 
than cost and interest thereon, and may execute a 
deed thereof for and in behalf of the State. (Sec. 
1177-lOc, (icn. ("ode of Ohio, litK). in L. 1!»1.5, ii. .>10. 
sec. 3.] 



2. Disposition of moneys derived from sales 
of lands or timber. 

All iiiouios received from the sale of forest lands 
or from the sale of woo<l or timber thereon .shall be 
paid into the State tre.isury to the credit of the gen- 
eral revenue fvuid. fSec. 1177-lOc, Gen. Code of Ohio, 

];»i(i. ill }.. i!tir>, p. r.40. sec. :j.] 



PART IV.— TAXATION. 



(This part comprises the provisions of law, if any. 
covering the classification and taxation of forested 
lands and lands to lie forested, the purpose of whicli 
is to encourage the practice of forestry by private 



owners: aJso such bounty and exemption laws as 
have a like pui'pose. Kor similar taxation iirovisions, 
if any, concerning State or municilial forests, or other 
Stale land.s, .see Tart III.) 



TABLE OF ACTS. 



statutory references. 


Equivalent references ' in 
this CO mpil ation 
(Serial 1). 


Statutory references. 


Equivalent references > in 
this compilation 
(Serial 1). 


Oen. Code of 0., 1910, sec. 8966 


II, 2(1(1). 

11, 2 (112). 

II, 3a. 

II, 36. 

11,46(112). 

11,1. 

II, 4a, 6(111). 

1, 1 (footnote). 

1, 1 (footnote). 


(In Sess. Laws volume 1915,2 1175 

1176 «s«g... 

U77-6 

1177-10 

U77-10a.... 
1177-lOb.... 
1177-10O.... 
1177-11 


I 3o. 


8967 


1, 3a (footnote). 
I 36. 


8968 


8969 


1, 1. 


8972 


Ill, 10. 


12436. . 


Ill 16, c,<i. 


(In Sess. Laws volume, 19112), 8970 

( In Sess. Laws volume, 1915'), 1 171 

1171-4 


Ill, If, 2. 
1,2. 



1 References are given in the order in which the subject-matter occurs in the original text. 

2 The section numbers which follow are in conformity to the code, as required by the Ohio law. 



ASHINGTOX ; GOVERNME.NT PRINTIXG OFFICE ; 1916 



.Misc. S.— '21. 



Date of issue, DmemljiT 14, 1911 



UNITED STATES DEPARTMENT OF AGRICULTURE 

U.-i. FOREST SERVICE 
Henry S, Graves, Forester 



STATE FORESTRY LAWS 

X parallel classification showing the comparative progress of each Stale in forestry legislation 

CONNECTICUT 

(Serial 1 -Through Reg. Sess., 1915) 
Oonii)iIed in (he Otlico of State Cooiienitioii liy Jeiuuiie S. Peyton 



CONTENTS. 



i'urpose of compilation 

i'art I. — .Administration 

State [orest«r 

.\ssistant state forester. . 

E.\penditure.s 

State 

Part II.— Fire protection 

State forest fire warden.. 

Town fire wardens 

I^istrict fire wardens 

Fire-fighting laborers 

I'atrol and lookout men. 

Expenditures 

State 

Counties 

Towns 



Part II.— Fire protection— Continued. 

Kindling fires in tlie open 

Close season for hunting 

Railroads 

Employees 

Blush and slash disposal 

Part III.— Public forests 

State forests 

Part IV.— Taxation 

Classification of forest land 

.\nnual tax 

Yield tax 

Special cancellation tax 

Exemptions from general tax laws. 
Table of acts 



PURPOSE OF COMPILATION. 

Information about the forestry laws of the various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more; and requests for 
such information, coming from legislators. State administrative officers, forestry associations, 
forest schools, and other bodies and individuals, have led to the compilation, informally, of 
such State laws as bear more or less directly on the practice of forestry. 

The purpose of the compilation, of which this serial is a part, is to make easy a com- 
parative study of the laws of the difi'erent Stiites and to further the development of practical 
forestry legislation. By the classification of the laws and parts of laws under the headings, 
"Administration." "Fire Protection." "Public Forests," and " Ta.xation," the comparison is 
simplified, and the progress of each State, or lack of it, in these particulars is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws and 
those finer points of reference proper only to a legal or administrative manual have been 
omitted. Explanatory matter in bold type is not a part of the original text. 

02070—10 1 



,p''l 



STATE FORESTRY LAWS CONNECTICUT. 



PART I.— ADMINISTRATION. 



(This piirt compri.ses the provisions of law, if any, 
(Ipfining tlie fioueral administrative duties of the reg- 
ularly constituted State forestry officials ; also certain 
miscellaneous forestry provisions. For specitic pro- 
visions, if any, concerning administrative duties ot 
tliese or other State officers in connection witli forest 
fires. State and municipal forests or other State lands, 
or forest taxation, see Parts II, III, and IV, re- 
spectively. ) 

STATE FORESTER. 

1. Appointment — Term of oflSce — Compen- 
sation. 

The l)oard of control of the Connecticut agricul- 
tural experiment station shall appoint a State forester 
to hold office during the pleasure of the board ; he 
shall have an office at the experiment station, but 
shall receive no compensation, other than his regular 
salary as a member of the station staff. [L. 1901, 
ch. 175, sec. 1; Gen. Stat., 1902, sec. 4448.] 

2. Is ex officio a member of the State park 
commission. 

* * * the State forester shall be ex officio a 
member of said commission [State Park Commission!. 
[L. 1913, fh. 230, sec. 1.] 



ASSISTANT STATE FORESTER. 

3. Appointment — Term of office — Compen- 
sation. 

The board of control of the Connecticut agricul- 
tural experiment station may, in its discretion, ap- 
point an assistant State forester, to hold office during 
the pleasure of the board, who shall receive no com- 
pensation other than his regular salary as a member 
of the station staff. [L. 1911, ch. 227, sec. 1.] 

4. General powers and duties. 

Said assistant State forester shall act under the 
direction of the State forester, and by his direction 
or in his absence shall exercise the powers and duties 
of the State forester and State forest fire warden. 
[L. 1911, ch. 227, sec. 2.] 

EXPENDITURES. 



5. Pays disbursements of State forester. 

The disbursements of the State forester shall be 
paid by the comptroller upon the audit of the State 
board of control. [L. 1901, ch. 17.5, sec. 6; Gen. Stat., 
1902, sec. 4450.] 



PART II.— FIRE PROTECTION. 



(This part comprises the general provisions of law, 
if any, concerning protection from forest fires. For 
localized provisions, if any. concerning protection of 
State-owned lands, see Part III.) 

STATE FOKEST FIRE WARDEN. 

1. State forester is ex officio State forest fire 
warden — Compensation. 

The State forester shall be, ex officio. State forest 
fire warden, and shall receive no additional compen- 
sation therefor, [Expenses.—] but .shall receive his 
necessary traveling and other expenses, to be paid in 
the manner provided for in section 4450 of the general 
statute.s.' [L. 1905, ch. 2.38, sec. 1.] 

2. Supervises town fire wardens — Instructs 
them and district fire wardens in their 
duties. 

ni 1.1 S.-iid forosi lire warden shall have supej-vision 
'<( town lii-c wardens, shall instruct them in their 
duties, * » * 111 2] [and] issue such regulations 
and instructions to the town and district fire wardens 
as he may deem necessary for the purposes of this 
act, * * *. [L. 1905, ch. 238, sec. 2.] 



TMhli. of Acts on p. 12. 



3. Enforces the laws. 

[H 1.] As to Are districts. — [The forest fire warden 
shall] enforce the law as to fire districts in towns, 
* * *, [II 2.] [Prosecutes violators of forest fire 
laws. — ] and cause violations of the laws regarding 
forest fires to be prosecuted. [L. 1905, ch. 238, sec. 
2.] [IF 3.] Pays for information leading to convic- 
tion. — (For text, see II. 48a.) 

4. Provides for fire prevention in groups of 
towns. 

The State forest fire warden may take such action 
as he may deem necessary, to provide for the preven- 
tion and control of forest fires in groups of towns 
and * * *. [L. 1911, ch. 292, sec. 1.] 

5. Appoints patrohnen and establishes and 
equips lookout stations. 

(For' text, see II, 38, 1(1.) 

6. Cooperates with United States Depart- 
ment of Agriculture. 

[The State forest fire warden] is hereby authorized 
to enter into an agreement with the Secretary of 
Agriculture of the United States, under authority of 



LIBRARY OF CONG^tFSS 






STATE FORESTRY LAWS — CONNECTICUT. 



TAUT II— Coiitd.] 

the act of Congress of March [1], 1911, for the pro- 
lection of tlie forested waterslieds of navigable 
streams in tliis State. [L. 1911, ch. 292, sec. 1.1 

7. Prepares and issues fire notices. 

(F(ir text, see II, 2Qa.) 

8. Waives operation of close season. 

(For text, see II, 45&1I2.) 

9. Examines protective devices on locomo- 
tives. 

The State forest fire warden, or any deputy fire 
warden authorized by the State forest fire warden, 
may examine any such locomotive' and may rcMjuire 
any employee of any such company ' to assist in sucli 
examinations. [U 1915, ch. 322, sec. 2.] 

TOWM FIRE WARDENS. 

10. Appointment — Term of service. 

'J'lic selectmen of any town, except as hereinafter 
provided, sliali, upon the request of tlie State forest 
lire warden and witli his concurrence, appoint a 
town fire warden who shall act for the term of one 
year, or until his successor shall have been appointed, 
under the instructions of said State warden. [L. 
190."). ch. 23S, sec. 3; * * * ; L. 1909, ch. 128, 
sec. 1.1 

11. Compensation. 

Tlie town and district fire wardens shall receive 
thirty-five cents per hour for time actually employed 
at forest fires or in the prevention thereof, or ather- 
wise devoted to dis^;harge of duties as fire warden, 
iKxoeption. — ] but the chief of the fire department 
(if any city, while acting as town fire warden under 
Ibis act, shall not receive such compensation in cases 
where a regular salary is received by him. [L. lOO.j, 
.h. 238, sec. 5; * * * ; L. 1913, ch. 7.) 

12. Hold other office. 

(/. * * * in the absence of town and district fire 
wardens, the first selectman may act as fire warden. 

h. In towns having a consolidated town and city 
government where the boundaries and limit.s of said 
(own and city are coterminous, the chief of the fire 
dei)artment of the city shall be, c^-officio, town fire 
warden and shall i)ossei-s all the powers and be snb- 
.iect to all the duties provided by this act,^ under the 
supervision of the State forest fire warden. [L. 190.5, 
ch. 238, sec. 3 ; * * *; 1,. 1909, ch. 128, sec. l.j 

iSce II, 00. 

- See Towu Fire Wardens. 



13. Establish fire districts. 

When required by the State warden, such town fire 
warden shall, and any such town fire warden may, 
establish two or more fire districts in the town for 
which he is apiiointed, and * * * [L. 190,5, eh. 

238, see. 3; * * * ; L. 1909, cii. 128, sec. 1.1 

14. Appoint district fire wardens. 

(For text, see II, 28.) 

15. Enforce forest fire laws. 

[Tlie town and district fire wardens shall] enforce 
all stiitutes of this State now in force or that may 
hereafter be enacted for the protection of forest and 
timber land from fire, and * * * |I.. 1905, ch. 
238, sec. 4; L. 1907, ch. 130, sec. 2.1 

16. Arrest violators, without warrant. 

Any fire warden may arrest, without a warrant, any 
person or persons taktn by him in the act of violating 
any of the said laws for the protection of forest and 
timber lands. [Violators taken before justices of the 
peace or otiier magistrates. — ] and bring such person 
or persons forthwith before a justice of the peace or 
otlier magistrate having jurisdiction, who shall pro- 
ceed without delay to hear, try, and determine the 
ni;,tter. [L. 190.5, ch. 238, sec. 4; I.. 1907, ch. 130. 
sec. 2.] 

17. Prevent and extinguish fires. 

Tlie town ami district fire wardens shall prevent 
and extinguish forest fires in their respective towns, 
and * * *. [L. 1905, cli. 238, sec. 4; L. 1907, ch. 
130, see. 2.) 

18. Establish fire patrol during drought. 

During a season of drought the town fire warden 
may eslal)lish a fire patrol in tlie town, and * * *. 
II,. 190.5, <h. 2:!8, sec. 4; L. 1907, ch. 130, sec. 2.] 

19. Attend, and personally direct fire-fight- 
ing work. 

* * * in case of fire in or threatening any forest 
or woodland tlie town and district fire wardens shall 
attend forthwith, and u.se all nece-ssary means to con- 
fine and extinguish sucli fire. [L. 1905, ch. 238, sec. 4; 
L. 1907. ch. 130, sec. 2.] 

20. In charge at fires. 

* * * they [town and district fire wardens] sliall 
have control and direction of all persons and ap- 
paratus while engaged in extinguishing forest fires, 
outside the limits of boroughs. [L. 1905, eh. 238, sec. 
4; L. 1907, ch. 130, sec. 2.] 



STATE FORESTRY LAWS CONNECTICUT. 



PART II— CoDtd.] 

21. Impress assistance. 

They may summon' any male resident of the town 
between the ages of eighteen and fifty years to assist 
in extinguishing fires, and may also require the use 
of liorses and other property needed for such purpose ; 
[Penalty for refusal to assist. — ] any person so 
summoned and who is pliysieally able who refuses 
or neglects to assist or allow the use of horses, 
wagons, or other material required, shall be liable to 
a penalty of not less than five dollars nor more than 
one hundred dollars. [I.. ^905, ch. 238, sec. 4; L. 
1907, ch. 136, sec. 2.] 

22. Back-fire, and take other precautions. 

The said fire wardens may destroy fences, ijlow 
lands, or, in an emergency, set backfires to check any 
fire. [L. 1905, ch. 238, sec. 4; L. 1907, ch. 136, 
sec. 2.] 

23. Enter upon lands, if necessary. 

No action for trespass shall lie against any person 
cro.ssing or working upon lands of another to ex- 
tinguish fires. [L. 190.5, ch. 238, sec. 4; L. 1907, ch. 
136, sec. 2.] 

24. Account for fire-protection expenditures. 

Said wardens [town and district fire wardens] 
shall prepare their hills for services rendered by them 
and by the men, teams, and other apparatus employed 
by them as provided by this act,' within one month 
oi' the date of such i-ervices, which bills shall show in 
detail the amount and character of the services per- 
formed, the exact duration thereof, and all disbur.se- 
ments made by said wardens. Bills submitted to 
State forest Are warden, for approval. — Said bills 
shall be subnntted to Uic Stale forest lire wanlen for 
examination and record and shall be returned by him 
to the selectmen of the town wherein the services 
were rendered and expenses incurred, [Towns pay 
bills. — 1 and upon approval by the selectmen said 
bills shall be paid by the town treasurer. Similar 
procedure on account of fire flgbting- in adjoining 
towns. — Whenever a fire warden, either alone or with 
a.ssistants, engages in extinguishing a fire in a town 
adjoining his own, he shall prepare his bill against 
the town in which such services were rendered, and, 
if correct, it .shall, after being submitted to the State 
forest fire warden and approved by the selectmen, be 
|)aid by the treasurer of the town in which the fire 
occurred. [ L. 190.5, ch. 238, sec. 5 ; * * * ; L. 1913, 
ch. 7.] 

25. Issue permits for kindling fires during 
close season. 

(For text, see II, 45a.) 

' See Tabic of Acts on p. 12. 



26. Post notices. 

a. (General fire notices. — The town and district 
fire wardens shall post such notices, containing the 
State laws concerning fires as the State fire warden 
may prepare, and * * * [L. 1905, ch. 238, sec. 
10.] 

6. Notices exempting localities from operation of 
close season. — (For text, see 11. 451, If 2.) 

27. Examine protective devices on locomo- 
tives. 

(For text, see II, 9.) 

DISTRICT FIRE WARDENS. 

28. Appointment. 

[When required by the State warden, the town 
fire warden shall, and any such town fire warden 
may), appoint a resident of such district' as district 
fire warden; * * * [L. 1905, ch. 238, sec. 3; 
* * * ; L. 1909, ch. 128, sec. 1.] 

29. Compensation. 

(Same as town lire wardens. See II, 11.) 

30. Hold other office. 

(Same as town fire wardens. See II, 12a.) 

31. Enforce forest fire laws. 

(Same as town fire wardens. See II, 15.) 

32. Arrest violators, without warrant. 

(Same as town fire wardens. See II, 16.) 

33. Prevent and extinguish forest fires. 

(Same as town fire wardens. See II, 17; 19; 20; 
21; 22; 23; 25; 26a, h; 27.) 

34. Account to State forest fire warden for 
fire-protection expenditures. 

(For text, see 11, 24.) 

FIRE-FIGHTING LAUORERS. 

35. Impressed by town fire wardens — Pen- 
alty for refusal to assist, or allow use of 
horses, wagons, etc. 

( For text, see II. 21.) 

36. Enter upon lands, if necessary. 

( For text, see II, 23. ) 



STATE FOKKSTKV LAWS CONNECTICUT. 



37. Compensation fixed by. 

(1. Sclci'tiueil of towns. — The si^IocIiirmi. i'X(i_'i>l in 
tdwns liavinjc a consolidated town and city govern- 
ment as hereinafter provided, sliall fix the compen- 
sation, not exceedin;? twenty cents per Iiour, to l)e 
paid to lal)orers at fofest fires, employeci hy I lie fire 
wardens or tlieir <leputies, [Notice to town Hre wai*- 
(leii and State forest lire warden. — | and shall give 
notice thereof to the town fire warden and the State 
forest fire warden ; * * *_ 

h. Mayors and treasurers of cities. — In towns hav- 
ing a consolidated town and city government, in 
which tlie boundaries and limits of said town and 
city are coterminous, the mayor and treasurer of the 
city shall perform all the acts required by this section ' 
of selectmen and treasurers of towns. 

c. Law. — * * * hut if the selectmen neglect to fix 
such compensation" the town fire warden may pay 
at the rate of twenty cents per hour for such services. 
I L. 1905, ch. 238, sec. 5 ; * * * ; L. 1913, ch. 7.] 

PATROL AND LOOKOUT MEN. 

38. Appointment by State forest fire war- 
den — Compensation — Equipment. 

lUl.l .Said State fcu'cst tire warden may a])polnt 
patrolmen, who sliall receive not more than twent.v- 
tive cents jier hour for the time actually employed, 
and may establish and equip fire lookout stations and 
furnish necessary e<iuipment for su(rh patrolmen. | Ij. 
I'.m. ch. 292, sec. 1.] 

|1i 2.] Power to arrest violiitors, without war- 
rant. — -Any patrolman appiointed for such purpose ' by 
said State forest fire warden may arrest, without 
warrant, any person taken by him in the act of vio- 
lating any of the laws of this State for the protection 
of forest and timber lands. [L. 1911, ch. 292, sec. 2.] 

39. Employment by town fire wardens, dur- 
ing seasons of drought. 

(For text, see II. IS.) 

EXPENDITURES. 



10. Reimburses towns for one-half of expen- 
ditures by fire wardens. 

A statement, upon blanks fnrnislied l)y llie comp- 
troller, with duplicate l)ills, .showing the amount paid 
by such town as aforesaid,' during the pi-eceding year 
shall he sent by the town trciisin-er to {M State 
comptroller on tlic first day of .June, annually, and 
he shall thereupon draw his order on the State treas- 

' Sec TaMe of Acts oil p. 12. ' Spc TI. 24. 

-■ See a, of this section. 
Sec II, 4 ; c. ; m of this section, 
62070-16 2 



iiri r in favca- of such town for 
I I- HMt.-,. ,h. 23S, .sec. .-. : * ■ 



-half of s.iid amoinit. 
'': L. 1913, ch. 7.1 



41. Pays salary and costs of equipment of 
patrolmen and of establishment and equip- 
ment of fire-lool\out stations, etc. 

The disbur.senients of the Stale forest lire warden 
ill carrying out the purposes of tliis ,ict ' slmll lie iiaid 
l'.\ the State from the ajiproiiriation for tire wardens. 
|L. litn, ch. 292, .sec. 3. | 

COU.NTIES. 

42. Reimburse towns for one-fourth of ex- 
penditures by fire wardens. 

.V cojiy of each bill so paid hy the treasurer of any 
town, under the iirovisions of this section' shall be 
sent by said treasurer to the county commi.ssioners of 
the county in wlii<-li the town is situated, and the com- 
missioners shall thereupon draw their order on the 
county treasurer in favor of said town for one-fourth 
of the ainonnt of such bill. |L. 19().">, ch. 238, sec. 5; 
* * *; L. 1913, ch. 7.) 



43. Make initial payment of expenses in- 
curred by fire wardens. 

(For text, see II, 24.) 

KINDLING FIRES IN THE OPEN. 

44. During the entire year. 

<i. On iMiblic lands, without authority. — No per- 
son shall kindle a lire upon public land, without au- 
thority, nor * * * 

h. On lands of another, without perinission from 
owner. — [No person shall kindle a fire] * * * iqion 
the land of another without iiermissioii of the owner 
thereof, or his a.gent. |L. bSStl; * * *; Gen. Stat., 
1902, sec. 1220.] 

c. On one's own woodland, withont removing 
C(tinlnistil)le material — Kxtlngnishuient of Are rc- 
({Uired. — Xo iiersou shall kindli', nor authorize an- 
other (o kindle, a fire in bis woodland, unless all com- 
bustible materials for the space of twenty feet sur- 
rounding the place where said fire is kindled have 
been removed, nor shall any such tire he left until ex- 
tlngnislied or .safely covered. 1 1.. 1SS(J: * * * ; 
Cell. Stat., 1902. sec. 1221 ; L. ]!H»7. <li. 43. | 

(I. Fires caused by throwing' down Ijgrhted 
matches, cigrars, etc.. are within provisions of sub- 
sections a, b, c. — Fires kiiidli'd by throwing down a 
lighted match, cigar, or other burning substance, shall 
be deemed within the provisions of sees. 1220 and 1221 
[subsections a, b, c], and * * *. 

■ Sec Table of Acts on p. 12. 



6 



STATE FORESTRY LAWS — CONNECTICUT. 



TAUT II— (•ontd.] 

c. Penalties for violating: subsections a, h, c. — 

* * * every person violating any provision of said 
sections [subsections a, ft, c] shall be fined not more 
than five hundred dollars, or imprisoned not more 
than six months, or both. [L. 1886 ; * * * ; Gen. 
Stat., 1902, sec. 1222; L. 1905, ch. 238, sec. S.] 

45. During close season. 

a. Unlawful to set a Are without a permit — Pen- 
alty. — Every person, except as liereinafter provided, 
who shall liindle or authorize another to kindle a 
fire in tlie open air, outside the limits of any city, 
borough, or fire district,' or land controlled by any 
railroad company, for the purpose of burning bushes, 
weeds, grass, or rubbish of any kind, between the 
fifteenth day of March and the first day of .June, and 
the fifteenth day of September and the fifteenth day 
of November, in any year, without first obtaining 
from the fire warden of the district written permission 
stating when and where such fire may be kindled, shall 
be fined not more than two hundred dollars, or im- 
prisoned not more than ,?iv months, or both; * * * 

b. [H 1.1 Exceptions: Burning' on ploughed fields, 
gardens, etc. — * * * provided, that such permis- 
sion shall not be required for the kindling of a fire in 
a ploughed field, garden, or public highway, at a dis- 
tance of not less than two hundred feet from any 
woodland, brushland, or field containing dry grass or 
otiier inflammable material. [L. 1909, ch. 128, sec. 
4; L. 1911, cb. 124, sec. 2.] 

in 2.] Under posted notice thiit permit is not re- 
quired. — Whenever the State fire warden shall deem 
that the public safety of any town or portion of a 
town of this State does not require the protection 
provided by section foui- " of this act, he may cause 
the to\\n fire warden of any such town to post notices 
to that effect in conspicuous places, not less than five 
in each town, or two in each fire district." Whenever 
such notices have been po.sted, each town or the 
desfgnated portion thereof so affected shall be exempt 
from the operation of the provisions of section four 
of this act until the fifteenth day of March of the next 
succeeding year. [L. 1909, ch. 128, sec. 5; L. 1911, ch. 
124, sec. 3.] 

in 3.1 Back-firing in absence of a fire warden. — 
In the absence of any fire warden to take control of a 
wild fire, it shall not be unlawful for any person to 
kindle a fire at any time on his own land, public land, 
or the land of another with tlie consent of the owner 
or occupant thereof, for the purpose of backfiring to 

' Does not refer to fire districts efetablislied by any for- 
est fire legislation, but to organized fire districts provided 
for under sees. 1998, 1999, Gen. Stat., 1902. 

- See subsees. a, h, HI, of this section. 

" Refers to forest fire districts established by town fire 
wardens. See II, 13. 



protect property from llie threatened and immediate 
injury of a wild fire. IL. 1009, ch. 128, sec. 6.] 

46. Criminal liability. 

a. Willful setting fires — Penalty. — Every person 
who shall set on fire any wooris. * * * so jis thereby 
to occasion injury to another ; * * * shall, if .such act 
is done wilfully, be fined not more than one thousand 
dollars, or imprisoned not more than six months, or 
Itoth. IL. 1830 ; * * * . Gen. Stat., 1902, sec. 1218 ; 
L. 1905, ch. 238, see. 7.] 

b. Setting fires, in general — Penalty. — Every per- 
son who shall kindle or authorize another to kindle, 
at any time, a fire in the open air, which fire occa- 
sions an injury to another, shall be fined not more 
than two hundred dollars, or imprisoned not more 
than six months, or both. IL. 1909, eh. 128, sec. 3.] 

c. Destroying posted notices. — * * * any per- 
son who willfully or maliciously tears down or de- 
stroys any such notice' shall be fined ten dollars. 
[L. 1905, ch. 238, sec. 10.] 

47. Civil liability. 

For in.iury caused by fire. — Every person who shall 
set fire on any land, that shall run upon the land of 
any other person shall pay to tlie owner all damages 
done by such fire. IL. 1733; * * *; Gen. Stat. 
1902, sec. 1906.] 

48. Disposition of tines. 

a. Paid into State treasury as a special fire- 
protection fund. — All moneys received from fines im- 
posed under and by virtuo of the provisions of sections 
1218, 1222 and * * * of the general statutes^ 
shall be paid to the State treasurer and kept by 
him as a .separate fund, to be paid out by him upon 
the requisition of the State forest fire warden, for use 
in connection with and the prevention and suppression 
of forest fires, and such disbursements shall be au- 
dited by the State board of control as provided in sec- 
tion 4450;^ [Portion of line paid to informant. — ] 
provided, that the State forest fire warden shall pay 
one-half of the amount collected as a fine to the fire 
warden or other person upon whose information the 
proceedings in which such fine was imposed were insti- 
tuted, but not exceeding fifty dollars in any one case. 
IL. 1905, ch. 238, sec. 6.] 

b. All moneys received from fines imposed under 
and l)y virtue of the provisions of sections three and 
four - of this act shall be paid to the State treasurer 
and shall form a part of the fund provided for in 
section six of chapter 238 of the public acts of 1905,' 
and shall be disbursed in the same manner as Is pro- 

1 See II, 26a. 

= See Table of Acts on p. 12. 



STATE FOKKSTKV LAWS CONNECTICUT. 



I'AItT II— Coutd.] 

vided ill .said seclimi .six." [L. litOl). cli. ll'S. sw. 7; 

1-. 1911, di. 124, sec. 4.] 

CI.IKSE SKASON iOK HUNTING. 

49. May be proclaimed during season of 
drought. 

Till' governor may, wlieu lie sluill coiisidoi- lliiit ex- 
Iriionliiiiiry precautions fire necessary to prevent fires 
ill tlie woodlaiiil (if (lie State, proclaim a season of 
droiitilit. during which the hunting season shall be 
suspended and all provisions of the law relating to a 
dose season shall be in force for all kinds of game. 
|L. 191.5, ch. 218.] 

RAILROADS. 

50. Provide spark arresters and ash pans. 

['' 1.] Every railroad company operating ste.im loco- 
motives .shall equij) and maintain an effective spark 
arrester and a suitable ash pan on every locomotive 
burning coal or wood while the same is in operation 
and shall keep such devices in such condition as will 
lirevent the escape of live coals or sparks. [T,, 191.5, 
ill. 322, sec. 1.] 

lH 2.] Penalty. — Any such company failing to com- 
ply with the provisions of this act' shall forfeit to the 
State the sum of twenty -five dollars for each engine 
operated without such spark arrester or asli pan. |L. 
1915. ch. 322, sec. 3.] 

51. Liability. 

(/. I' 1.1 To persons for injuries to property 
caused by fire from engrines. — When properly is in- 
jured by lire communicated by an engine of a railroad 
company, without contributory negligence on the part 
of the person entitled to the care and possession of 
such property, such company shall be held responsible 
In damages to the extent of such injur.v to the person 
so injured. \1.. 18S1 : * * *; Gen. Stat., 3902, 
sec. 3779.] 

|1i 2.] Company entitled to notice, in advance, of 
claim for damages. — No action shall he brought un- 
der section ."779 ' of the general statutes unless written 
notice of the claim is given to such company within 
twenty days after the fire, specifying the day of the 
(ire, giving a general description of the property in- 
jured, and stating the amount claimed as damages. 
Such notice may be given by a letter signed b.v the 
chiiniaiit or bis agent, mailed to the superintendent of 
ibc iMilroad, or delivered to its station agent at a sta- 
tion in tlie town where the fire occurred. [IJ. 1881; 
* * *; Gen. Stat. 1902, .sec. 3780; L. 1911, ch. 212.] 

' .See Table of Acts on p. 1 2. 
= See t 1 of this sectiou. 



I). IT 1.1 To a lowii, or eily, for expense of extin- 
guishing: iires. — .\iiy railroad company which, 
tliroiigb any act of its employees or agents, by sp.irks 
from its locomotives, or otherwise, sets fire to trees, 
brush, or grass on lands outside the right of way of 
such company shall be liable to the town or city in 
which such fire occurs for the lawful expenses incurred 
liy sucli town or city in extinguishing such fire. [L. 
1911, ch. 114. sec. 1.1 

Fit 2.1 Payment upon presentation of bill. — A bill 
for such expenses shall be ri'iidercd by the local fire 
warden having charge of the exliiiguishing of snili 
lire, ill accordance with tli(> provisions of |sec. 5] 
chapter 238 of the public acts of 190."), and amendments 
thereof,' and, upon approval of such bill liy the State 
forest fire warden and upon presentation thereof to 
the chief engineer of the railroad company liable for 
such expenses under the iirovisions of section one of 
this act. such expenses shall be paid by said railroad 
company. [L, 1911. ch. 114. sec. 2.1 . 

52. Have an insurable interest in property 
for which held responsible in damages. 

Kvery such company- shall have an insurable inter- 
est ill the proiicrly for wliicb it ia:iy be so held re- 
siiniisibl' ill damages and may )irocnre insurance 
rbereoii ill its own behalf. |L. LSSl : * * * ; (Jen. 
Stat., 1902. .sec. 3779.] 

E^(PLOYEE.S. 

53. Fire duties. 

II. Section foremen required 1o extinguish Hres, 
and assist Are wardens. — It shall be the duty of every 
section foreman employed by a railroad company, upon 
the discovery of any fire, in the section under his juris- 
diction, for which .said company is liable under the 
provisions of section one of this act,' to summon nec- 
es.sary assistance, procee<l to the fire and extinguish it, 
and to give such assistance to the town or district 
fire warden as may. from time to time, he requested by 
such warden. | L. 1911, ch. 114. sec. 3.] 

/). Employees required to a.^sist fire wardens in 
examining protective devices on locomotives. — (For 
Ic.M, see II, 9.) 

BRUSH AND SLASH DISPOSAL. 

54. Within highway limits. 

SelectnieM cut and burn bushes and trees an- 
nnally. — The select lucii in every town shall cause to 
he cut, at least once i'l each year, all hushes, trees, and 
branches of trees growing within ten feet of the cen- 
; ter of the traveled way within the limits of the public 
highways in their resjiectivo towns, and shall, within 
thirty days thereafter, cause all brush so cut to be 
piled and burned. " Public highways " defined.— The 



' See Talile 



mi p. T_'. 



STATE FORESTRY LAW'S CONNECTICUT. 



I'AUT Il~('<iii((l.l 

term " iniblic lii};ii\vii.vs " :is vised in this section sluill 
li(> construeil to meiui and iutlude only tlie main hisli- 
\\a.vs leading from one town to another, fl.. 1905. 
di. 277, sec. 1; I.. 1011, ch. 2. J 

55. On lands bordering on highway. 

m 1.] First selectman or Are warden order.s re- 
iiioval of brush or tree growth lying adjacent to 
roadvva.y. — Tlie lii-st selectman or tire warden of any 
Icwn. wherein any ( ut brush or tree growth is per- 
niilted to remain within fifteen feet of the traveled 
portion of any highway, may order the owner of the 
h'.nd ad.)acent to such highway -where such cut brush 
or tree growth is lying, if cut by him or by his author- 
ity, or other per.son who cut the same, or caused the 



same to be cut. as tbo case may be. to remove or burn 
such lirusli" or tree gnnvtli. Service of notice.^Such 
order shall be in writing tind shall designate a time 
not less than thirty nor more than .sixty days from 
the serving of such order for removal or btirning 
thereof. Such order shall be left with or at the usual 
place of abode of the owner of such hind or the person 
who cut .sucli brush or tree growth, or caused the 
same to be cut, if a resident of .said town, or if a 
nonresident said order shall be sent to such person 
by registered mail, post paid. [L. 191.5, ch. 260, sec. 1.] 
[H 2.] Penalty. — Ai.y person who shall fail to com- 
ply with any order issued by authority of this act 
shall be fined not more than twenty-live dollars, or 
imprisoned not more than thirty days, or both. [L. 
1915, ch. 260. sec. 2.] 



PART III.— PUBLIC FORESTS. 



(This part comiirises the iirovisious of law, if any, 
for the establi:?liment and care of State and municipal 
forests and for tlie practice of forestry on these and 
ol^ other lands owned by the State.) 



STATE FORESTS. 

1. State forester. 

n. [U 1. 1 Aciiuires lands for State forests, and ex- 
changes or sells such land. — The State forester may 
buy land in the Stale suitable for the growth of oak. 
pine or chestnut lumber, [Price. — ] at a price not ex- 
ceeding eight dollars per acre, to the amount of the 
appropriation for that purpose, which land shall be 
deeded to the State and shall be called a State forest. 
* * * m 2.] [He may] exchange the laud so bought 
with the adjoining jiroprietors. and for and in behalf 
of the State execute deeds for such purpose ; * * *, 
jH 3.] and, with the approval of the governor and 
attorney general may sell portions o fthe same, wlien 
they shall command a greater price than cost and in- 
terest thereon, and may execute a deed tliereof for 
and in behalf of the State. 

h. [11 1.] Protects the land, as custodian, and pi-e- 
scrves the g-ame, fish, and timber. — He shall be the 
custodian of such lands and * * *. [112.] [He may] 
fence said lands with substantial wire fencing, not 
barbed ; protect said lands from forest fires and tres- 
jiassers; jireserve the game, fish .•ind timber thereon. 
.•Hid * * *. [L. 1901, ch. 175; Cen. Stat. 1902, sec. 
■U49: * * *; T.. 1911, ch. 11.5.] 

c. [H l.j Reforests the lauds. — He may plant such 
iand with seed or seedlings of .sueli trees as he may 
deem expedient, * * *. [L. 1901, ch. 175; Gen. 
Stat. 1902. sec. 4440; * * * ; L. 1911, eh. 115.] 

[1i 2.] Malce.s thinning's, etc. — The State forester is 
iiuthorized to make thinnings in the woodland of the 
State forefst and to talce such other measures as lie 
may deem necessary to bring about a profitable 



growth of the timlier thereon. [I^- 1903, ch. 132, 
sec. 1.] 

(1. [H 1.] Sells wood and timber from State for- 
ests. — The State forester is authorized to sell wood 
and timber from the State forest whenever he shall 
deem such sale desirable. * * *, 

[H 2.] Renders accounting of timber sales and 
use of proceeds to State board of control. — * * * 
he shall render an account of the same to tlu> State 
board of control. [L. 1903, ch. 132, sec. 2.] 

e. Employs assistants. — [The States forester] may 
employ such local assistants as may be nece.ssary. 

/. Pays town taxes on the lands. — [The State for- 
ester] shall pay from the sum biennially appropriated 
the town taxes upon .said land when assessed at the 
same rate as similar adjoining lands, * * *. [L. 
1901, ch. 175: Gen. Stat., 1002, .sec. 44-19: * * *; 
L. 1911, ch. 11.5.] 

2. Appropriations and revenues. 
H. Appropriation for purchase of State forests. — 

The stun of five thousand dollars is hereby appro- 
priated to be paid out of any money in the treasury 
not otherwise appropriated, as a special fund for the 
purchase of State forests as authorized by section 
4449' of the general statutes, said sum to l)e available 
until expended by the State forester in aecoi'dance 
with the provisions of section 44.50 of the general 
statutes.' [Sp. U 1909. vol. 15. p. 1048, see. 2.] 

/). Proceeds from timber sales for mainteuance of 
State forests." — * tlie proceeds of wliich sales" 

shall be used by him [State forester [ for the mainte- 
nance and care of the forest as specified in this act ' 
and in sectiim 4449 of the general .statutes as hereby 
amended,' and * * *. [L. 1903. ch. 132, sec. 2.] 

1 See Table of Acta on p. 12. 

-Additional maintenance and imin-ovemcnt funds are pro- 
vided in biennial appropriations. 
»See III, Irf, H 1. 



STATE FORESTRY LAWS CONNECTICUT. 



PART IV.— TAXATION. 



(Tliis part comprises tlie provisions of law, if any, 
covciltii; the classification and taxation of forested 
lands and lands to be forested, the purpose of which 
is to encourage the practice of forestry by private 
owners: also such bounty and exemption laws as 
have a like purpose. For similar taxation provisions, 
if any, concerning Stafe or unniicipal forests, or other 
State lands, see Part III.) 



CI.ASSIKIC.\TU)N OF FORE.ST 



..\N1). 



1. Acreage and value limitations. 

I' l.| Woodland and land suitable for forest plant- 
ing not less than live acres in area and not exceeding 
In value twenty-five dollars per acre ex(;lusive of 
liniher growing tliereon. may, upon application of the 
ownei', be given si)ecial classification as forest land 
lor purposes of taxation. 

jH 2.] * * * Wlien the value of the land alone 
exceeds twenty-five dollars per acre it shall not be 
classified as forest land uniU^r this art. |I,. 1913. eh. 
58. sec. 1.] 

2. Two general types of classified lands 
recognized. 

(I. Land full) stocked with forest trees not more 
than 10 years old, etc. — Land fully stocked with 
fcu-est trees not more than ten years old, except scat- 
tered older trees the value of which for timber does 
not increase the asse.ssed value of the property, land 
incompletely or partially stocked with forest trees not 
more than ten years old, when planted with a suffi- 
cient number of additional trees to assure a spacin;, 
of approximately six by six feet over the entire area, 
and open land planted wilh forest trees not less than 
twelve hundred to the aire, provided in each case the 
u-ees planted are any of the following: A.sh, ehest- 
u\il. maple, oak, tulip, white pine, red pine, Scotch 
|iine. European larch, Norway spruce, or any other 
kinds api)roved by the State forester; and provided 
the State forester api)roves the maimer in which 
the trees are planted, may be classified as fore.st land 
as specified in section one' and * * *_ [i^_ 1913, 
eh. r,S. sec. .3.] 

h. Land bearing timber of more than 10 years' 
growth. — I>and hearing timber of more than 10 years' 
growth, said timber having a taxable value, may be 
cljissified as forest land as specified in .section one,' 
and * * *. \h. 1913. cli. 58, sec. 2.] 

.3. Valuation of land and timber. 

(I. Deteriniiicd by assessors. — The assessors of any 
town wlierein woodland or land suitable for forest 
|)lantin,g is situated and wliicli the owner thereof seeks 
III have classified midi'r the provisions of section one 

' Sco Talilc iif Arts on p. 12. 



of chapter 58 of the public acts of 1913 ' shall examine 
such land and give the owner thereof a sworn state- 
ment giving separately the value of the laud and the 
value of the timber thereon. If such owner shall file 
written apiilication with the assessors on or before 
September thirtieth in any year, such statement shall 
be furnished him on or before the first day of Novem- 
ber following. Such laud shall be placed in the list 
for such year at the value so placed upon it by the 
assessors, provided cla.ssification in accordance wilh 
the provisions of .said act shall be granted by the 
State forester prior to the completion and filing of 
such list by the assessors. | r>. 191.">, rh. 91). sec. 1.1 
b. Redetermined by special board, on appeal. — 
If the owner of such land shall claim that the valua- 
tion thereof appearing in such sworn statement is in 
excess of the average v.alue of twenty-five dollars per 
acre, he may ap])eal to the superhn- court for the 
county within which such land is situated in the man- 
ner la-ovided for aiipeals from boards of relief. | L. 
191.">, ch. 90, sec. L>.1 

4. Application for classification. 

Application for siich classification shall be made to 
the State forester, accompanied by such description of 
the land as the State forester may require, and by a 
sworn statement from the assessors of the town giving 
the true value of the land alone, and the trtie value 
of any tiiidier thereon.' [1,. 1913, ch. 5S. sec. 1.) 

o. Completion of classification. 

State forester examines lands — Issues certifi- 
cate. — When such ap|)lication has been mjule the 
State forester .shall examine the land, and if he finds 
the retjuirements hereinafter specified have been ful- 
filled, he shall issue a quadruplicate certificate of 
classification, the original to be filed in the State 
forester's ofiice, one copy in the ttix comnnssioner's 
office, one copy in tlie town clerk's, office of the town 
in which the land is located, and one copy with the 
owner. [L. 1913, ch. .58, sec. 1.1 

6. Classification continued. 

\\lien any tract has been classified as forest land 
for purixises of taxation under this act, the classifica- 
tion shall he contiiuied as long as proper forest con- 
ditions are maintained thereon, except as herein pro- 
vided. |L. J913. ch. 58, sec. 5.1 

7. Reclassification optional. 

Whenever a timber crop is removed either iti one 
or several cuttings and the land reforested, either 



1 See Table of Acts on p. 12. 
= Scc IV, .So. 



10 



STATE FOEESTEY LAWS CONNECTICUT. 



PART IV— Contd.] 

naturally or by planting, said land may be reclassi- 
fied under section three ^ upon application by the 
owner, or the existing classification may be continued 
and tax collected on the established valuation as 
provided herein for the balance of the uncompleted 
valuation period. If the existing classification is 
continued, a revaluation shall be made at the end 
of said uncompleted period, and taxes thereafter as- 
sessed as provided lierein. [L. 1013, cli. 5S, sec. 4.1 

8. Cancellation of classification. 

Grounds for cancellation. — Use of such land for 
pasture, destruction of the tree growth by fire and 
fiiilure of owner to restore forest conditions, removal 
o!' tree growth and use of land for other purpo.ses, or 
any cluinged condition which, in the opinion of the 
State forester, indicates that the requirements of this 
act are not being fulfilled, shall be sufficient ground 
for cancellation of such classification. Examination 
prior to cancellation. — When requested to do so by 
the asses.sors, or whenever he may deem it necessary, 
the State forester shall examine classified forest land, 
[Cancellation. — ] and if he finds tlie provisions of 
this act are not complied with, he shall forthwith 
cancel the classification of said land, [Notice of can- 
cellation. — ] sending notice of such cancellation to 
the tax commissioner, the town clerk of the town in 
which the laud is located, and the owner of said land, 
.■■^aid laud sliall thereafter be taxed as other land. 
[1,. IDIH, eh. 58, sec. 5.] 

S. Revaluation of land and timber. 

[H 1.] First made 50 years after original classi- 
fication. — A revaluation of both land and timber sepa- 
rately shall be made by the assessors fifty years after 
llie date of original classification. * * * 

[11 2.] And whenever necessary, after second 
period of 50 years. — At the end of this period [second 
period of 50 years], provided said classification has 
been continuously niaiutiiined, said land and timber 
sli.ill, whenever necessary, be revalued separately by 
(lie assessors," and * * *. [L. 11)13. ch. .58, sec. 2.] 

ANNU.\r, TAX. 

10. Tax levied annually at local rate not ex- 
ceeding 10 mills. 

a. Value of land alone subject to tax. — [Land 
fidly stocked with forest trees not more than ten 
.vears old * * *,' may be classified as forest land 

1 Set* Table of Acts on p. 12. 

= This rev.aluatiou procedure applies ecpially to both types 
oi: land classilied under tlie law. allluiUKh the Kpecific provi- 
sion above refers to the " land having timber of more than 
10 years' growth." (See IV, 10.) 

"Fc.r complete description of Innd. see TV, 2«. 



and] shall thereafter be taxed annually at the local 
rate, but not to exceed ten mills in any case, on a 
valuation of the land alone establislied and reestab- 
lished by the assessors of the town as provided in sec- 
tion two." [L. 1913, ch. .58. sec. 3.] 

b. [H 1.] Values of both land and timber subjeoi 
to tax. — [Land bearing timber of more than 10 years' 
growth' * * * jj)ay be classified as forest land 
* * * and] shall thereafter be taxed annually at 
the local rate, but not to exceed ten mills in any case, 
upon the true and actual value of the land and timber 
separately as established by the assessors at the time 
the classification was made. * * * [H 2] said 
revaluation [made after fifty years] to be subject to 
an annual tax at the local rate, but not to exceed ten 
mills, for another period of fifty years. * * * [H 3] 
such new valuation [made after the second fifty 
years] shall be assessed annually thereafter at the 
local rate. [L. 1913, ch. 58, sec. 2.] 

11. Payment of the tax secured by lien on 
the land, and on the timber, standing and 
cut. 

(For text, see IV, 15a.) 

YIELD TAX. 

12. Imposed upon all products of cuttings 
not devoted to personal use. 

All products of cuttings on classified land shall pay 
a yield tax as herein provided, except mtiterial cut 
lor domestic use, which shall be limited to fuel and 
the construction of fences, buildings, or other improve- 
ments which tend to develop the property of the 
cwner and increase its taxable value, when said ma- 
terial is used by the owner of said land, or by a ten- 
ant v.'itli the permission of said owner, ujion property 
l)elonging to said owner which is taxable in the same 
town as the timberlaud from which said material is 
removed. Sale or other disposal of exempted ma- 
terial renders it subject to the tax. — If .said ma- 
terial is sold or otherwise disposed of or transferred 
to the ownership of other persons it shall be subject 
to a yield tax as provided above. [L. 1913, ch. 58, 

sec. C] 

13. Determination of taxable values, in ad- 
vance of removal of timber. 

Owner makes orig:inal valuation. — [Hi.] Whenever 
a cutting is made, other than as exeejrfed above, the 
owner of the land sliall file a sworn statement with 
the a.ssessors and thj State forester, of the quantity 
and stumpage value of all timber cut before any of it 



^ See IV. 9. 

■ For complete description of land. 



STATK FOKKSTliV LAWS CONNECTICUT. 



11 



r.VK'l' I\ — Conlil.J 

i,- i-oiiiiivo(l from the land. |1I 2.1 Oi-ig:iiial valuiition 
subject <o review and reralnatioii by assessors, or 
by a special board in case of appeal by owner. — If 

llie iissi'.ssiirs ilceui tlii' (luaiitit.v (ir value to be incor- 
ri'ctly stated, they may themselves tlotermine the 
quantity cut and stumpsffee value of Kanie. In case the 
owner is unwilling to accept their valuation, the mat- 
ter shall be referred to a special board consisting of 
the first selectman and town clerk of the town in 
which the land is located and the State forester, and 
the decision of .said hoard with regard to quantity and 
^ aUie shall be final. Upon the valuation thus deter- 
mined a yield tax as provided in this act shall be paid 
by the owner of the land. [L. 1913. ch. 58, sec. 6.1 

14. Rates of the tax. 

(I. On cuttings up<in " land fully stocked with 
forest trees not more than 10 years old," etc., when 
elassifled. — Whenever a cutting is made,' except as 
specified in .section six," a yield tax of ten per centum 
shall be levied on the value of the material removed, 
said value being determined as i)rovided in section 
six. [L. 1913, ch. 58, sec. 3.] 

b. On cutting's npon " land bearings timber of 
ii:(ire than 10 years' growth" when classified. — 
\\ lu'iievcr a cutting is made on land classified imder 
this section," except as specified in section six," the 
material removed shall be subject to a graduuteil yield 
tax at the following rates on the value determined as 
lirovided in section six. From one to ten years after 
the land is classified the tax shall be two per centum 
of till' yield; from eleven to twenty years after the 
land Is classitied the tax shall be three per centum of 
I he yield; from twenty-one to thirty years after the 
land is classitied the tax shall be four per centum of 
Hie yield : from thirty-one to forty years after the land 
is ilassilicd Hie tax shall be five per centum of the 
yield: from forty-one to fifty years after the land is 
classified the tax shall be six per centum of the yield ; 
over fifty years after the land is classified the tax 
shall he seven per centum of the yield. [L. 1913, ch. 
5,S, sec. i;. I 

15. Payinem of the tax is secured by. 

((. Lien on the land and timber, collectively. — 

.\n taxes levied under the provisions of this act shall 
lie due and collectible as other town taxes and sub.jeet 
lo Hie same liens and processes of collection. Olassi- 
licil land and timber standing thereon and timber 
piddiicls (lit from said land shall be sub.iect to lien 
for unpaid taxes levied under this act. |l.. 1!U:{, ch. 
58. sec. 7. 1 

h. A casli deposit covering; amount, in full, in ad- 
vance of removal of any portion of the material 



' See IV, 2a. 

- See Table of Acts on p. 



ilV, 2b. 



cut. — Should it be neces.sary to lemove any products 
of a cutting before the operation is comiileted, the 
owner of the land shall deposit with the tax collector 
a sufficient sum to cover the estimr.fed yield tax. 
When the cutting is completed said tax shall be levied 
as herein provided and the balance of said deposit, if 
any. returiuMl. (L. 1013. eh. 58, sec. G.) 

c. Lien on the land and the timber, separately, 
ill ease of nnlawfnl leinoval of the timber. — In case 
the products of a cutting are unlawfully removed, the 
owner of the land and the owner of the timber shall 
be .jointly liable to the town in an action of debt 
to the full value of both land and timber. [L. 1915, 
ch. 58, sec. 6.] 

(I. Seizure and sale, by town, of timber products 
unlawfully removed. — Any timber products unlaw- 
fully removed from said land or upon which the full 
ainoimt of yield tax has not been paid, shall be liable 
to seizure by the town, wherever found, and, after due 
notice, may be sold to satisfy said unpaid taxes and 
tlie expense of seizure and sale. |L. 1913, ch. 58, 
sec. 7.] 

SI'ECI.'iL CANCELLATION TAX. 

16. Values to be taxed. 

Whenever u classification is canceled Uu: assessors 
shall deduct the valuation of both land and the timber 
thereon as established at time of classification from 
the then value of said land and timber as assessed 
for future taxation, and * « *. [l loi.s, eh. 58. 
sec. 5.] 

17. Values to be exempted. 

The past value of timber which has been destroyed 
by natural agencies, or which has been cut and upon 
which a yield tax has been jiald, shall not be con- 
sidered iu fixing the present assessable value. [L. 
1913, ch. 58, sec. 5.] 

18. Rate of the tax. 

* * * on the excess value thus determined, a 
tax shall be collected at the rate of five mills per an- 
num for lh(> entire number of years that said land 
has been under classification. This tax .shall be in 
adilitidii lo any annual tax or yield lax which may 
liave been paid or may be collectible. | L. 1913, ch. 
58, see. 5. j 

KXE.Ml'TKlNS hlKlM (lE.XtJiA l.-TA X I.AWS. 

19. Certain tiee plantations established 
prior to 19i;>. 

[Ti 1.] When any person shall plant land not here- 
tofore woodland, the actual value of which, at the 
time of planting, shall not exceed twenty-five dollars 
|er acre, to timber trees of any of the following 



12 



STATE FDRESTBY LAWS — CONNECTICUT. 



I'ART IV— Ciiutd.] 

kinds, to wit: tlliesMiut, Ijiclvoi-y, aisli. wliite oali, 
susrar maple, European larcli, while pine, lilaciv wal- 
iMit. tnlip or sprnpe not less in number than twelve 
hundred to the acre, and such plantation of trees 
shall have grown to an average height of six feet, the 
owner of such plantation may api)ear l)ef(n'e tlie board 
of relief of tlie town in which such plant.-ition is 



located, and, on jiroving a compliance with the condi- 
tions herein, such plantation of trees shall be exempt 
from taxation of any kind for a jieriod of (wenty 
.\ears next tliere.-ifter. 

tH 2.] The foregoing provision for exemplion from 
taxation shall apply only to land planted with forest 
liees prior to January 1, 191.S. [L. 1877; * * *; 
<;on. .Stat., l'.)02, sec. 2.320: I.. 1913. ch. .'')S, sec. S.J 



TABLE OF ACTS. 



statutory references. 


Equivalent references ' in this compila- 
tion (seriall). ■ 


Statutory references. 


Equivalent references i in this 
tion (serial 1). 


-ompila- 


(Code.) 


II, 47. 
II, 46a. 
II, 44o, 6. 
II, 44c. 
U.-iid, e. 
IV, 19. 

II, 51a H 1; 52. 
II, Sis 12. 
1,1. 

111,1a 1,1,0 111,0 112,6 112,c,6 HI, 
/, (lis. 

II, 47. 
II, 46a. 
IV, 19. 
II, 61a H 1; 52; 51a H 2. 

II, 44o, 6, c, d, e. 
1,1. 

III, la 11 1, c H 1, a H 2, 6 11 2, f, i) 11 1, 

Ill, Ic H 2. 

Ill, Id H 1, 2b, Id H 2. 

11,1. 

II, 2 1 1; 3 1 1; 2 H 2; 3 H 2. 

II, 10; 13; 28; 12o, b. 

II, 17; 15; 20; 16; 18; 19; 22; 21; 23. 

II, 11; 37a, c; 24; 42; 40; 376. 

II, 480. 

II, 460. 

II, 44rf, e. 

II, 26o; 46c. 

II, 54. 

II, 44c. 

II, 17; 15; 20; 16; 18; 19; 22; 21; 23. 

II, 10; 13; 28; 12o, 6. 

II, 466. 


(Seseion £ow«)— Continued. 
L. 1909, ch. 128, sec. 4 


II, 4So, 6 11. 
II, 456 1 2. 
II, 456 1 3. 

II, 486. 

III, 20. 

II, .'•.4. 

II, 516 1 1. 

II, 616 1 2. 

II,53o. 

lit, la 11;c 11,a 12,6 12 

/, 13. 
II, 450, 6 11. 
II, 4,56 1 2. 
II, 486. 
II, 510 12. 
1,3. 
1.4. 

II, 4; 6; 38 1 1. 
II, 38 1 2. 
II 41. 
II, 11; 370, c; 24; 42; 40; 376. 

IV, 1 1 1;4;1 12;.\ 

IV, 26; 106 1 1; 9 11; 106 1 

10 1 3; 146. 
IV, 2a; lOo; 14o. 
IV, 7. 

IV, 6; 8; 16; 18; 17. 
IV, 12; 13; 156, c. 
IV, 15a, d. 
IV, 19. 
1,2. 
IV, 3o. 
IV, 36. 
II, 49. 
II, 55 1 1. 
II, .55 1 2. 
II, ,'.0 1 1. 

II, n. 

II, to 1 2. 




1218 






1220 






1221 . . 


7 




1222 

2320 


Sp. L. 1909, vol. 15, p. 1048, 
sec. 2. 




3780 


L. 1911, eh. 114, sec. 1. . 






2 




4449 


3. 




4450 

{Session Laws.) 


L. 1911, ch. 115, 

L. 1911, ch. 124, see. 2 

3 

4 

L. 1911, ch. 212 


<•, 6 1 1, 




L. 1911, ch. 227, sec. 1 




L. 1877,ch. ,sec 

L. 1881,ch. , sec 


2 

ch. 292, sec. 1 

2 






3 




















2; 9 1 2; 




3 










4 










3 


6 






7 


















L. 1915, ch. 90, sec. 1 

2 










ch.218 










sec. 2 

I-. 1915, ch. 322, sec. 1 

2 

3 




L. 1907, ch. 136, sec. 2 




3. 









1 References are given in the order in which the siil>ject matter occurs in the original text. In reoonstnioting the text of any act herein com- 
pi]c<i, bracketed mjitter found introducing a section or paragraph should be ignored, since th** material has already beer, presented elsewhere in iii> 
proper relation to the original text of the act being reconstructed. (See above. L. 1911, ch. 292, sec. 1.) 



; tiUVKItXMILXT rUINTlNU OFl'UCK : 1916 



.'^ 



Date of Issue January 0, 1917. 

UNITED STATES DEPARTMENT OF AGRICULTURE. 

;' '- FOREST SERVICE 
Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative progress of each State in forestry legislation. 

MASSACHUSETTS 

(Serial 1.— Through Reg. Sess., 1915) 
Compiled in the Office of State C'onperiition by Jeannie S. Peyton 



CONTENTS. 



Purpose of compilation 

Part T.— Administration 

State forester '. ' 

Forest wardens 

Part II. — Fire protection 

State fire warden and deputies 

Forest wardens 

Commissioners on fisheries and game, and deputies. 

E-xpenditures 

State 

Towns 

Kindling fires in the open air 

Close season for hunting 

Kailroads 

Employees , 

Brush and slash disposal 



Page. 



Part III.— Public forosts 9 

State forests 9 

Other State lands 10 

Lands acquired for experiment in forest management 10 

Municipal forests 11 

Part R' .— Ta.xat ion 12 

Classification of forest land 12 

Exemptions from general tax laws 15 

Forest-land tax 15 

Forest commutation tax 16 

Forest-product tax 17 

General duties of olTicers 19 

Forestry restrictions 20 

General penalty under act 20 

Table of acts 21 



PURPOSE OF COMPILATION. 

Information about the forestry laws of the various States, especially about those laws 
dealing with certain specific problems, is being demanded more and more: and requests for 
such information, coming from legi.slators, State administrative officers, forestry associations, 
forest schools, and other bodies and individuals, have led to the compilation, informally, of 
such State laws as bear more or less directly on the practice of forestry. 

The purpose of the compilation, of which this serial is a part, is to make easy a com- 
parative study of the laws of the different States and to further the develojiinent of jiractical 
forestry legislation. By the classification of the laws and i)arts of laws under the headings, 
"Administration," "Fire Protection," "Public Forests." and "Taxation," the comparison is 
simplified, and the progress of each State, or lack of it, in these particulars is clearly shown. 

The better to accomplish this educational aim, the great mass of timber and tree laws and 
those finer points of reference ]iroper only to a legal or administrative manual have been 
omitted. Explanatory matter in bold type is not a part of the original text. 

62071—17 1 



STATE FORESTRY LAWS MASSACHUSETTS. 



'^Jas 



PART I.— ADMINISTRATION. 



(This p.nrt comprises the provisions of law, if any, 
defining the general administrative duties of the 
regularly constituted State forestry officials ; also cer- 
tain miscellaneous forestry provisions. For specitic 
provisions, if any, concerning administrative duties of 
these or other State officers in connection with forest 
fires. State and municipal forests, or other State 
lands, or forest taxation, see Parts II, III, and I\, 
respectively. ) 

STATE FORESTER. 

1. Appointment — Salary. 

[H 1.] The governor, with the consent of the council, 
shall appoint an officer to be liuovvn as the state 
forester, and shall determine his salary. Qiialiflc.a- 
tions. — He shall he a trained forester who has had a 
technical education. 

[H 2.1 Removal. — Tlie governor may, with the con- 
sent of the council, remove the state forester at any 
time for such cause as he shall deem sufficient. Suc- 
cessor. — In case of the death, removal or resignation 
of the state forester the governor shall forthwith ap- 
point a successor. [L. 1904, ch. 409, sec. 1 ; * * * ; 
L. 1909, eh. 263, .sec. 1.] 

2. Is ex oflScio a member of State board of 

agriculture. 

He [State forester] sliall lie ex officio a member of 
the state l)oard of agriculture. [L. 1904. cb. 409, 
.sec. 1; * * *; L. 1909, ch. 263, sec. 1.] 

3. Promotes reforestation and management 

by. 

[Preamble.] It shall be the duty of the State 
forester to promote the perpetuation, extension and 
proper management of the forest lands of the Com- 
monwealth, both public and private. 

a. [H 1.] Aiding private owners, at their ex- 
pense. — He may ujion suitable retpiest give to any 
person owning or controlling forest lands aid or ad- 
vice in the management thereof. * * * [H 2.] Any 
recipient of such aid or advice sliall be liable to the 
state forester for the necessary expenses of travel 
and subsistence incurred by him or his assistants. 
Renders acconnt. — The state forester shall account 
for moneys received under this clause according to 
the provision of section five.' 

6. Publisliing results of such aid. — The state for- 
ester shall have the right to publish the particulars 
and results of any examination or investigation made 
by him or his assistants as to any lands within the 
Commonwealth, and the advice given to any person 
who has applied for his aid or advice. [L. 1904, 
ch. 409, sec. 2.] 

c. [If 1.] Establishing nurseries and distributing 
seeds and seedlings. — The state forester may estab- 
lish and maintain nurseries for the propagation of 



^ See Table of Acts, on p. 21, 



forest-tree seedlings upon such lands of the Common- 
wealth, at the Massachu.setts Agricultural College at 
Amherst, or at any other state institution as the 
superintendent or trustees of the institution may set 
apart for this purpose. Superintendents of institu- 
tions where laud is set apart for this purpose may 
furnish free of cost the labor of their inmates neces- 
sary to establish and maintain the said nurseries. 
Seedlings from these nurseries shall be furnished to 
the Commonwealth without expense for use upon res- 
ervations set aside for the propagation of forest 
growths for other than park purposes. All stock 
grown in nurseries established under the provisions 
of this act shall be used within the limits of the Com- 
monwealth and shall be furnished to state institu- 
tions free of charge. The st.ite forester may distrib- 
ute seeds and seedlings to landowners, citizens of the 
Commonwealth, under such conditions and restric- 
tions as he may determine, subject to the approval 
of the governor and council. [L. 1904, ch. 409, sec. 3; 
L. 1912, ch. 577, sec. 1.] 

[K 2.] Iffoney available for seed and seedling dis- 
tribution. — For the purpose of assisting in reforesta- 
tion a portion, not exceeding twenty per cent of the 
money authorized by this act ' to be expended, may 
be used by the state forester for the distribution at 
not less than cost of seeds and seedlings to landown- 
ers who are citizens of the Commonwealth, under 
such conditions and restrictions as the state forester, 
subject to the appi'oval of the governor and council, 
may deem advisable. [L. 1908, ch. 478, sec. 7.] 

(J. Giving courses in forestry. — He [State for- 
ester] shall give such a course of instruction to the 
students of the Massachusetts Agricultural College on 
the art and science of forestry as may be arranged 
for by the trustees of the college and the forester; 
and * * * [L. 1904, ch. 409, sec. 2.] 

4, Hires assistants and fixes their salaries. 

The state forester is hereby empowered, suliject to 
the approval of the governor and council, to hire such 
assistants as he may need in the performance of his 
duties, and to fix their salaries. [L. 1904, ch. 409, 
sec. 4.] 

5. Accepts bequests or gifts for forestry 

purposes. 

The state forester, with the approval of the gov- 
ernor and council, is hereby authorized to accept, on 
behalf of the Commonwealth, bequests or gifts to be 
used for the purpose of advancing the forestry inter- 
ests of the Commonwealth, under the direction of the 
governor and council, in such manner as to carry 
out the terms of the bequest or gift. [L. 1910, ch. 
153, sec. 1.] 



'Ill, 5a. 



LIBRARY OF COMGf^ESS 

MAY2S1922 



STATE FORESTRY LAWS MASSACHUSETTS. 



PAST I— Contd.] 

6. Expends annually sums appropriated. 

Such sums as tlie general court shall authorize may 
hr expended annually by the state forester, with the 
approval of the governor and council, in carrying out 
the provisions of this act.' [L. 1904, ch. 409, sec. 6; 
r,. 1907, ch. 473, sec. 2.] 

7. Makes annually a report, recommenda- 

tions, and statement of receipts and ex- 
penditures. 

The state forester shall annually, on or l)efore the 
* * * [third Wednesday In January], malie a 
written report to the general court of his proceedings 
for the year ending on the * * * [thirtietlil day 
of * • * [November preceding], together with 
such recommendations as he may deem proper, and 
with a detailed statement of the receipts and expendi- 
tures incident to the administration of his office. His 
report shall be printed in the report of the state 
board of agrieluture. [L. 1904. ch. 409. see. 5; L. 
1905. ch. 211, sec. 1.] 

8- Employs forest wardens to make investi- 
gations and report thereon. 

(For text, see I. 11, par. 1 ; II, 7 ; 3b.) 



9. Suppresses moths. 

He [Stale forester] shall act for the Commonwealth 
in suppressing tlie gyp.sy and brown tail inotlis as 
pnlilic nuisances.' [L. 1904, ch. 409, sec. 1 ; * * * ; 
[L. 1909, ch. 2C.3, sec. 1.] 

10. Performs other duties, as imposed. 

* * * [the State forester] shall perform such 
other duties from time to time as may be imposed 
upon liini l^y the governor and council. [L. 1904, ch. 
409, sec. 2.] 

FOREST WARDENS. 

11. Make forest investigations and reports. 

\1 1.] ITlie forest warden^ shall investigate] the 
values of forest lands, tlie cliaracter and extent of 
wood-cutting operations, the i)revalence of insect pests 
in.iurious to forest growth, and other matters affect- 
ing the extent and condition of woodlands in his city 
or town, and shall report thereon to the state forester 
at stich times and in such form as the state forester 
may re(iuire. [L. 1907, cli. 47.5, sec. 2.] 

[112.] Receiyes pay from State for time so 
spent. — (For text, see II, 36.) 



PART II.— FIRE PROTECTION. 



(This part comprises the general provisions of law, 
if any, concerning protection from forest fires. For 
localized provisions, if any, concerning protection of 
State-owned lands, see Part III.) 

STATE FIRE WARDEN AND DEPUTIES. 

1. Appointment — Duties in general. 

[H 1.] The state forester is hereby empowered to 
appoint an assistant to be known as the state fire 
warden, whose special duty it shall be to aid and 
advise the forest wardens and their deputies in towns 
and the municipal officers exercising the functions of 
forest wardens in cities. In preventing and extinguish- 
ing forest fires and in enforcing the laws relative to 
forest fires, and may from time to time designate not 
more than fifteen deputies to aid such state fire war- 
den in tlie discharge of liis duties. [L. 1911, ch. 722, 
sec. 1.] 

[H 2.] Annual report. — The state fire warden ap- 
pointed under the terms of section one shall report 
annually upon his work and upon the forest fires oc- 
curring in the Commonwealth, and his report shall be 
included in and be printed as a i)art of the state 
forester's annual report. (L. 1911, cl;. 722, sec. 2.] 

FOREST WARDENS. 

2. Appointment. 

The mayor and aldermen in cllles and llie select- 
men in towns sliall annually, in .January, appoint a 



' See Table of Acts, on p. 21. 



forest warden, and they shall forthwith give notice 
nf suiU appointment to the state forester. Approved 
by State forester. — The appointment of a forest war- 
den shall not take effect unless approved by the 
slate forester, and wheu so approved notice of the 
aijpointment shall be given by the mayor and alder- 
men or by the selectmen to the person so appointed 
and apijroved. Acceptance or refusal — Forfeiture. — 
Whoever having been duly appointed fails within 
seven days after the receipt of such notice to file with 
the city or town clerk his acceptance or refusal of 
the ollice shall, unless excused by the mayor and 
aldermen or by the selectmen, forfeit ten dollars, 
ru. L., 1902, ch. 32. sec. 16; * * * ; L. 1913, ch. 
(500, sec. 1.] 

o. Compensation. 

(I. Receive pay, from town, with deputies and 
assistants, for their services.— Payments shall be 
made to * * * [forest wardens], to their deputies, 
and to per.sons assisting them, aud for property used 
under their direction at a forest fire, at a rate pre- 
scribed by the town, or, in default of its action 

' The specific provisions concerning the suppression of the 
sipsy and brown-tall incths, while i-ecognized as undoubtedly 
l)earnif,' " directly upon the practice of forestry," are never- 
theless omitted from the scope of this compilation since they 
ciinstltute a separate and distinct class of legislation, as yet 
not generally associated with State forest administration. 

= See II, 2. 



STATE FORESTRY LAWS MASSACHUSETTS. 



TART II— Contd.] 

thereon, by the selectmen. Approve itemized ac- 
count for services. — No such payment shall he made 
until an iteiuizeil account approved by the * * * 
[forest wardens] under whose direction the work 
was done or assistance furnished, shall have been 
filed with the officer making payment. [R. L. 1902, 
ch. 32, sec. 23 ; L. 1907, ch. 475, sec. 5.] 

b. Receive pay from State for time spent under 
direction of State forester. — The state forester shall 
from moneys unnuuily appropriated for the expenses 
or' his office recompense the forest wardens for the 
time spent by them in making investigations under 
his direction according to the provisions of section 
two of this act': [Provisos. — ] provided, that the 
state forester shall not be liable to make any such 
payment except upon the presentation of a duly item- 
ized account, or to pay for such investigations at a 
rate greater tluin that of thirty-five cents an hour, or 
in excess of the appropriation available for such pay- 
ment. [L. 1907, ch. 475, sec. 4.] 

4. Hold other offices. 

«. Nothing in this act or in any other act shall be 
construed to prevent the offices of tree warden, select- 
man, chief of fire department and forest warden from 
being held by the same person. [R. \j., 1902, ch. 32, 
sec. 16; * * * ; L. 1913, ch. 600, sec. 1.] 

b. The engineers of fire departments in cities and 
in towns in which a fire department exists and which 
have so voted .shall perform the duties and exercise 
the powers of forest wai'dens with respect to forest 
fires. [L. 1907, ch. 475. sec. 2.1 

5. Formerly called " firewards " and " forest 

firewards." 

The officials designated as " firewards " or " forest 
firewards," in chapter thirty-two of the Revised Laws, 
shall hereafter be called forest wardens. [L. 1907, 
ch. 475, sec. 5.] 

6. Prevent and extinguish forest fires. 

a. General powers. — The forest warden shall take 
precautions to prevent the spread of forest fires and 
the improper kindling thereof, and shall have sole 
charge of their extinguishment. [L. 1907, ch. 475, 
sec. 2.] 

6. Back-lire and take other precautions. — If a 
fire occurs in woodland, two or more of the * * * 
[forest wardens! of the town, or of a town containing 
woodland which is endangered by such fire, who are 
present at a place in innnediate danger of being 
burned over, may set back fires and take all necessary 
precautions to prevent the spread of the fire. [R. L. 
1902, ch. 32, sec. 19; L. 1907, ch. 475, sec. 5.] 

1 See Table of Acts, on p. 21. 



c. Enter upon lands, if necessary. — Forest war- 
dens, their deputies and assistants shall not he liable 
for trespass while acting in the reasonable perform- 
ance of their duties. [L. 1907, ch. 475, sec. 6.] 

d. Issue permits for setting fires during close 
season. — (For text, see 11. 20rt ; 21.) 

e. Enforce provisicns concerning close season. — 
(For text, .see II. 20d.) 

7. Investigate and report on forest fires. 

He [tlie forest warden] shall investigate the causes 
and extent of forest fires and the injury done thereby, 
* * * [in his city or to\vn> and shall report 
thereon to the state forester at such times and in such 
form as the state forester may require.] [L. 1907, 
ch. 475, see. 2.] 

8. Post fire notices. 

He [the forest warden] shall also post in suitable 
places in the city or town such warnings against the 
setting of forest fires and statements of the law re- 
lating thereto as may be supplied to him by the state 
forester. [L. 1907, ch. 475, sec. 2.] 

9. Appoint and discharge deputies — Impress 

assistance. 

Hi 1.] The forest warden may appoint deputies to 
assist him in (he performance of his duties and may 
discharge the same, and he or his deputies may, if 
in their .iudgment there is danger from a forest fire, 
eni])loy assistance or require any male jjerson in their 
city or town between the ages of eighteen and fifty 
years to aid in its extinguishment or prevention, and 
nia.\- require the use of horses, wagons, and other ))rop- 
erly adapted to that purpose, and shall keep au ac- 
count of the time of all persons assisting them and a 
schedule of all property .so u.sed. |R. L. 1902, ch. 32, 
sec. 20; I-. 1907, ch. 475. sec. 3.] 

[1: 2.] Penalty foi' refusal to assist. — Whoever 
wilfully refuses or neglects, without sufficient cause, 
to assist, or to allow the use of his horses, wagons, or 
other property as requireil by the preceding section, 
shall, for each ofl'ense, be punished by a fine of not 
less than five nor more than one hundred dollars to 
be equally divided between the complainant and the 
town, and may also be imprisoned for not more than 
sixty days. [R. L., 1902, ch. 32, sec. 21.] 

COMMISSIONERS ON FISHERIES AND GAME, AND 
DEPUTIES. 

10. Prevent and extinguish fires. 

Tlie connnissioners on fisheries and game and their 
duly authorized deputies may arrest without a war- 
rant any person found in the act of unlawfully set- 
ting a fire. Said commi.ssioners and their deputies 
may require assistance according to the provisions of 
.section twenty of chapter thirty-two of the Revised 



STATE FORESTRY LAWS MASSACHUSETTS. 



I'AKT 11 — Cmtil.] 

I/;i\vs.' anil tUoy shall take inecautions l<i prcvciil 
llic progress oi forest fires, or the iiiipniper klnillins 
I hereof, and iiiioii the discovery of any such fire sliall 
immediately sunmion the necessary assistance, and 
notify the * * * [forest warden] of the town. 
|L. 1907, ch. 299; L. 1907, eh. 475, sec. 5.] 

11. Report to State fire warden. 

The deputies of the fish and .icame connnissioners 
shall reiwrt to the state lire warden the situation and 
extent of any forest (ire occurring within the district 
to wliicli they are assigned, and tliey shall reiM)rt to 
him monthly their doings under chapter two hun- 
dred and ninety-nine of the acts of tlie year nineteen 
hundred and seven.' [L. 1911, cli. 722. sec. 3.] 

EXPENDITURES. 



12. Employs State fire warden and deputies. 

(I'"or text, see II, 1, 1i 1.) 

13. Pays fire wardens for investigating and 
reporting upon fires to State forester. 

(For text, see II, 3b.) 

14. Reimburses towns. 

[lil.l Every town in the Commonwealth with a 
valuation of one million seven Imndred and fifty 
thousand dollars or less which appropriates and ex- 
pends money, with the approval of the S>tate forester, 
for apparatus to be used in preventing or extinguish- 
ing forest tires or for maiviug protective lielts or zones 
as a defense against forest fires, shall he entitled, 
npon the recommendation of the stale forester, ap- 
pro\ed hy the governor, to receive from tlie treasury 
of the Connnonweallh a sum equal to one-half of the 
.said exjienditure. t)ut no town shall receive more 
than two hinidrcd and (ifty dollars. [L. 1910, ch. 398. 
sec. 1 ; L. 11114. cli. 202, sec. 1.1 

\\ 2.1 .Vpproiirialion therefor. — A sum not exceed- 
ing five thousand dollars in any one year may be ex- 
licndeil in carrying out the provisions of this act.' 
I I,. 1910, ch. 398, sec. 2.] 

15. Pays expenses of conventions of forest 
wardens. 

The stat(> forester may from moneys apiiropriated 
annually fm- the expeuses of his office expend a smn 
not exceeding two thousand dollars in making neces- 
sary arrangements for conventions of forest wardens 
anil in paying wliolly or in part the traveling expenses 
to and from their towns of such forest wardens as 



' See Table of Acts, on p. 21. 
62071—17 2 



attend this convention : Proriiled. That no moneys shall 
be expended under authority of this .section in paying 
the traveling expen.ses of any one warden to or from 
more than one convention in an.v one .year; (iiiit iiio- 
vifh'il further. That said conventions shall be held at a 
plai'e within the Commonwt'alth. | L. 1907, ch. 475. 
sec. 8.] 



16. Appropriate money for forest fires.' 

A town which accepts the provisions of this section, 
or lias accepted the corresponding provisions of earlier 
laws, may appropriate luoney for the prevention of 
forest fires to an amount not exceeding oue-tentli of 
one per cent of its valuation. |K. L. 1902, ch. 2.5, 
sec. 17.] 

17. Expend for various purposes. 

Jloney appropriated by a town under the provisions 
of .section seventeen of chapter twenty-five,' for the 
l)revention of forest fires, and all fines received under 
the provisions of sections twenty-one," twenty -two' 
and twenty-four " of this chapter and section nine ' of 
chapter two hundred and eight shall be expended by 
the * * * [forest warden], under the supervision 
of the selectmen, in trimming bru.sh out of wood 
roads, in preparing and preserving suitable lines for 
back fires or in otlier ways adapteil to prevent or 
<heck the spread of fire ; or such town may expend 
any portion of such money in taking in the name of 
the town such woodland as the selectmen, upon the 
recommendation of the forester, consider expedient 
for the purpose of preventing forest fires. Such taking 
and the p.iyment of damages therefor or for in.jury 
to property, other than by fire or lia<k lire, shall he 
governed by the laws relating lo the taking of land 
for highways. [K. I.., 1902, ch. .32, sec. 25; L. 1907, 
ch. 475, sec. 5.] 

18. Recover from railroad expense of extin- 
guishing fires caused b.v railroads. 

(For text, see II, 31 ^.) 

KINDLING FIEES IN THE OPEN. 

19. First alternative provision for general 
close season for setting fires. 

II. Unlawful to set a fire in open air nithoiit a 
permit. — In a town which accepts the provisions of 

• In addition to these specific authorizations, sections 16 
and 17, both to prevent and check the spread of fire.«, see 
II, 3o, concerning tire fighting. 

= See Table of Acts, on p. 21. 

' Section 22 is repealed b.v L. 1907, ch. 475, sec. 10. and 
replaced, as regards the fine therein prescribed, by section 7 
of that act. (See II, 23d.) 



STATE FORESTRY LAWS MASSACHUSETTS. 



TART II— Contd.] 

this section or lias accepted tlie corresponding provi- 
sions of earlier laws no fire shall be set in the open 
air between the first day of April and the first day of 
October, unless by the written permission of a * * * 
(forest warden]. Forest wardens give notice of, and 
enforce provisions. — The * * * [forest warden] 
shall cause public notice to be given of the provisions 
of this section, and shall enforce the same. Fine. — 
Whoever violates the provisions of this section shall 
be punished by a fine of not more than one hundred 
dollars, to be divided equally between the complain- 
ant and the town, or by imprisonment for not more 
than one month, or by both such fine and imprison- 
ment. [R. L., 1902, ch. 32, sec. 24; L. 190T, ch. 475, 
sec. 5.] 

6. Provisions to become inoperative. — * * * 
upon such acceptance ' the provisions of section 
twent.v-four of chapter thirty-two of the llevised 
Laws'" shall cease to apply to any town which has 
previousl.y accepted that section. [L. 1908, ch. 209, 
see. 5; L. 1911, ch. 244, sec. 3.] 

20. Second alternative provision for general 
close season for setting fires. 
o. Unlawful to set a fire in open air without a 

permit. — It shall be unlawful withiu any city, or 
within any town which accepts the provisions of 
this act, for any person to set or increase a fire in 
the open air between the first day of March and the 
first day of December except by the written permis- 
sion of the forest warden, or the chief of the fire de- 
partment or, in cities that have such an oflicial, the 
fire commissioner: * * * 

ft. [H 1.) Exceptions: Burning on ploughed fields, 
or barren land. — * * * provided, that debris 
from fields, gardens, and orchards, or leaves and rub- 
bish from yards may be burned on ploughed fields by 
the owner thereof, their agents or lessees ; and pro- 
vided, further, that persons above eighteen years of 
age may maintain a fire for a reasonable purpose 
upon sandy or barren land, if the fire is inclosed 
within rocks, metal or other non-inflammable mate- 
rial. In every case such fire shall be at least two 
hundred feet distant from any forest or sprout lands, 
and at least fifty feet distant from any building, and 
shall be properly attended until it is extinguished. 
[L. 1908, ch. 209, sec. 1; * * * ; L. 1912, ch. 419, 
sec. 3.] 

[1 2.] Moth flres in accordance with regula- 
tions. — The provisions of the preceding section " shall 
not apply to fires which may be set in accordance with 
regulations and methods approved by the superintend- 



1 Acceptance of the provisions of ch. 209, L. 1908. See II, 
20e. (par. 2.) 

= See Table of Acts, on p. 21. 



ent for suppressing the gypsy and brown tail uioth. 
[L. 190S, ch. 209, sec. 2.1 

f. Penalties for violations. — Whoever violates the 
provisions of this section ' sliall be punished by a 
fine of not more than one hundred dollars, or by 
imprisonment for not more than one month, or by 
both such fine and Iraprisonnieut. 

(/. [111.] Enforcement: Forest warden gives 
notice of, and enforces provisions. — The forest war- 
den shall cause public notice to be given of the pro- 
visions of this section,' and sliall enforce the same. 
[L. 1908, ch. 209, sec. 1; * * * ; L. 1912, ch. 419, 
sec. 3.] 

lH 2.) Forest oflicers arrest violators, without 
VI arrant. — The state forester and forest warden, or 
any duly authorized assistant in the employ of the 
state forester, or any duly aiipointed deputy forest 
warden, may arrest without a warrant any person 
found in the act of setting, increasing, or maintaining 
a fire in violation of the provisions of this act.' [L. 
1908, ch. 209, sec. 4 ; * * * ; L. 1912, ch. 419. sec. 4.] 

p. [K 1.] Notification and acceptance: State for- 
ester to notify towns of passage of act. — The stnte 
forester shall notify every town in the Commonwealth 
of the passage of this act ' by sending at least three 
printed copies thereof to the town clerk, who shall 
post the same in conspicuous places. [L. 1908, ch. 
209. sec. 3.] 

[H 2.] Acceptance of act. — The selectmen of every 
town may submit this act to the voters for their ac- 
ceptance at any annual or special town meeting. 
The vote shall be taken by separate ballot, and shall 
be " Yes " or " No " in answer to the following question 
printed upon the ballot : " Shall an act passed by tbe 
general court in the year nineteen hundred and 
eight [chap. 209], entitled 'An act to iirovide for the 
protection of forest or sprout lands from fire,' be 
accepted by this town? " A nia.iority vote of the legal 
voters present and voting at such meeting shall be 
required for the acceptance of this act ; and * * * 
[L. 1908, ch. 209, sec. 5; L. 1911, eh. 244, sec. 3.1 

21. Special close season for setting fires. 

Burning coal pits and firing brushwood unlaw- 
ful. — Whoever, between the first day of April and the 
first day of October, sets fire to a coal pit or- pile of 
wood, for the purpose of charring the same, on any 
woodland in the cities of New Bedford or Fall River 
or in the towns of Dartmouth, Freetown, Fairhaven, 
Middleborough or Rochester, shall forfeit one hun- 
dred dollars. Whoever, between the times aforesaid, 
sets fire to any brushwood or bushes on any part of 
.such woodland, or on land adjoining thereto, so as to 
cause the burning of such brushwood or bushes, shall 
forfeit fifty dollars. Disposition of forfeitures. — All 
forfeitures under the provisions of this section shall 

1 See Table of Acts, on p. 21. 



STATE FORESTRY LAWS MASSACHUSETTS. 



PART II— Contil.] 

lie equally divMed between tlio city or town in which 
(lie offence is committed and tlu> person who sues 
Iheiefor. [K. L., 1902, eh. 208. sec. 124.] 

22. Foreign-born persons forbidden to camp, 
etc.. on wild lands without a permit — 
Penalty. 

Note. — It appears to liave been the purpose hi 
enactins chapter 478, Laws 1910,' to fix tlie re- 
sponsibility on unnaturalized I'oreisn-liorn persons 
for fires on wild lands, by providing tliat it shall 
be unlawful for such persons to pick wild berries 
or flowers, or to camp or picnic upon any land of 
which they are not the owners within the couTities 
of Barnstable and Plynioufli, between the 1st day 
of April and the 1st day of December, withfiut a 
written, nontransferalde permit from the owner; 
which shall be exhibited, upon demand, to the 
forest warden, or one of his deputies, or other 
authorized ollker, under penalty of arrest, and 
punishment by a fine of not more than fifty dol- 
lars, or imprisonment for not more than thirty 
day.s, or by both. 

23. Criminal liability. 

((. Willful uiid malicious burning: — Penalty. — 

Whoever wilfully and maliciously burns * * * 
.■my standinj; tree, grain, grass, or other standing 
product of the .soil, or the soil itself, of another, 
shall be punished by imprisonment in the State prison 
for not more than five years or by a fine of not more 
than five hundred dollars and imprisonment in jail 
for not more than one year. [It. L., 1902, eh. 208, 
sec. 5.] 

li. [H L] Willtul or negligent setting tires, or let- 
ting tires escape: Gener.al provisions — Penalty. — 
Whoever wilfully or without reasonable care sets or 
iiK-rea.ses a fire upon lanil of auolher whereby the 
l>i-op(M-ty of another is injured, or whoever negligently 
or wilfully sulVers any fire ui)on his own land to 
extend beyontl the limits thereof, whereby the woods 
or jiroperty of another are injured, shall be puni.shed 
by a line ol not more than two hundred and fifty 
dollars, [It. L., 1902, ch. 208. sec. 8; L. 1912, ch. 419, 
sec. 2.1 

1^ 2.1 Special provisions — Penalty. — Whoever in 
a town which accept:- the provisions of this section 
or has accepted th(! corresponding provisions of earlier 
laws sets a fire on land which is not owned or con- 
tinued by him and before leaving the same neglects 
to entirely extinguish such fire, or whoever wilfully 
Ol- negligently sets a fire on land which is not owned 
or I'ontrolled by him whereby property is endangered 
or injured, or whoever wilfully or negligently suffers 
a fire upon his own land to escape beyond the limits 
thereof to the injury of another, .shall be punished by 
a fine of not more than one hundred dollars, or by iui- 

' See volume of Session Laws. J 



prisonment in jail for not more than one month, or 
by both such fine and imprisonment; Civil liability.— 
and shall also Ik> liable for all damages caused thereby. 
Disposition of fine. — Such fine shall be e(iually 
divided between the complainant and the town. 
[It. L., 1902. ch. 208, sec. 9.] 

c. Reckless setting Are — Penalty.—Whoever. by 
wantonly or recklessly setting fire to any material, or 
by increasing a fire already .set, causes injury to, or 
the destruction of, any growing or staiuling wood of 
another shall be punished by a fine of not more than 
one hinidred dollars or by imprisonment for not more 
than six months. [It. L., 1902, ch. 208. sec. 7; L. 
1912. ch. 419, sec. 1.1 

d. Destroying posted notices. — Whoever wilfully 
and maliciously tears down or destroys any notices 
posted und.er the provisions of section two of this 
act' shall be punished liy a fine of ten ilollars. 

[L. 19<I7, ch. 47."). S(-c. 7.1 

24. Civil liability. 

Willful or n;'gligent setting fires, or letting lire 

escape.— (For text, .see II. 23'). ^ 2.) 

CLOSE SEASON FOR HUNTING. 

25. May be proclaimed during- extreme 
drought. 

[T ].] Whenever, during an open season for the 
hunting of any kind of game in this state, it shall 
appear to the governor that by reason of extreme 
drouth the use of firearms in the forest is liable to 
cause forest fires, he may, by proclamation, suspend 
the open s<>ason and make it a close .sea.scm for the 
shooting of birds and wild animals of every kind for 
such time as he may designate, and may prohibit the 
discharge of firearms in or near forest land during the 
said time. [L. 1909. ch. 422. sec. 1.] 
- [H 2.1 Pnblieation and posting of proclamation. — 
A proclamation issued inider authority hereof shall be 
liuhlishe.i in such newspapers of the state and posted 
in such places and in such manner as the governor 
may direct, under the charge and direction of the 
state forester and the commissioners on fisheries and 
game. [L. 1909, ch. 422, .sec. 3.] 

[113.] Penalties for violation of provisions. — Dur- 
ing the time designated as above by the governor, all 
provisions of law relating to the close season shall 
be in force, and whoever violates any such provisions 
shall be subject to the penalties prescribed therefor. 
In case any person shall, during a clo.se season pro- 
claimed as aforesaid, di.scharge a firearm in or near 
forest land, or shoot any wild aniiual or bird, as to 
which there is no close season otherwi.se provided by 
law. he shall be subject to a fine of not more than 
one hundred dollars. [L. 1909, eh. 422, sec. 2.] 

> See Table of Acts, on p. 21. 



STATE FORESTRY LAWS MASSACHUSETTS. 



PART II— Conta.: 



RAILROADS. 



26. Precautions in operating locomotives, 
and on rights of way. 

a. Provide spark arresters. — Ever.v corponitiuii 
openitiiig a steam railroad witliin this Common- 
wealth shall, suhject to the approval of the board of 
railroad commissioners, install and maintain a spark 
arrester on ever.v engine in its .service in which wood, 
coke or coal is used for fuel, and * * * 

h. Clear rights of way aiiunally. — * * * 
shall, between the first day of April and the first 
day of December in each year, keep the fnll width of 
all of its locations over which such engines are 
operated, to a point two hundred feet distant from 
the center line on each side thereof, clear of dead 
leaves, dead grass, dry brush, or other inflannnahle 
material, and * * * 

c. Leave no deposits of fire, coals, etc. — * * * 
shall not at any time leave any deposit of tire, hot 
ashes or live coals upon its locations in the immediate 
vicinily of woodlands or grasslands, and * * * 

(1. Post notices. — ■ * * * shall post in stations 
and other conspicuous places vi'ithin its location and 
right of way such notices and warning placards as 
are furnished to It for the purpose by the state for- 
ester : Provided, That nothing in this section shall be 
construed to prohibit any railroad coiiioration from 
piling or keeping upon its location or right of way 
cross-ties or other materials necessary for the main- 
tenance and operation of its railroad. [I.. 1907, ch. 
431. sec. 1.] 

27. Clear adjoining unimproved land. 

Any railroad corpia-atioii may. >ipou giving notice 
according to the provisions of this .section, enter upon 
unimproved land adjoining any location or right of 
way upon which it operates engines burning wood, 
coke, or coal, and may there at its own expense and 
subject to the direction of the * * * [forest war- 
den], or tlie officer or board having his powers, in the 
city or town in which the land is situated, clear such 
land of dead leaves, dead grass, and dead wood to a 
distance of one hundred feet from the tracks, with- 
out thereby becoming liable for trespass : [Give 
notices. — ] Provided, That no railroad corporation 
shall, under the provisions of this section, do any acts 
on unimproved land outside its location or right of 
way, unless it has within two months given fourteen 
days' notice in writing l)y mail or otherwise to the 
occupant of the land, and to the owner thereof, if 
he resides or has a usual place of business in the -jity 
or town in which it is situated, and if the land is 
unoccupied and the owner does not reside or have 
a TTSunl place of business in the city or town, then, 
unless the railroad coriwration has within two months 



puljlished notice of its purpose once in three succes- 
sive weeks in a newspaper pul)lislied in the county 
in which the land is situated, and unless it has within 
three days given at least twenty-four hours' notice 
to the * * * [forest warden!, or the ollicer or 
lioard having his powers, in the city or town in whicn 
the land is situated of the location of Ihe land which 
it intends to enter under the jn-ovisions of this sec- 
tion, and of the time at which it intends to enter the 
same; and iiroridcd, further, that no notice hereby 
required .shall be valid unless it sets forth the pro- 
visions of this section. [I^. 1907. ch. 431, sec. 2; L. 
1907. ch. 47.5. sec. 5.] 

28. Inform employees as to their fire duties, 
under the law. 

Railroad corporations shall inform their employees 
as to their duties under this act ' [Equip tlieiu. — ] 
and shall furnish tlieni with the appropriate facili- 
ties for rep(«'ting and extinguishing such fires. [L. 
1907, ch. 431. sec. 5.] 

29. Authority limited as to piihlic parks, 
etc. 

Nothing in llus act sluill lie construed to give any 
railroad coi'poration powei- to enter upon, or to inter- 
fere in the management or care of, any public park 
or reservation. [L. 1907, ch. 481. sec. 6.1 

30. Liability. 

(I. To a person or corporation for in,inrie9 caused 
by fire from engines. — Every railroad corporation 
shall be liable in danuiges to a person or corporation 
whose buildings or other property may be injured by 
lire connnunicated by its locomotive engines, and 
- * * [L. 1906, ch. 403, Part II, sec. 247.] 

h. [H 1.] To a city, or town, for expense of extin- 
g'uishlng fires. — .Vu..- railroad corporation which, by 
its servants or agents, negligently, or in violation of 
law, sets fire to grass lands or forest lands .shall be 
li;'.ble to any city or town in which such fire occurs, 
lor the reasonable and lawful expen.^e incurred by 
such city or town in the extinguishment of the fire. 
|L. 1909. ch. 394, sec. 1.] 

[H 2.] City, or town, may recover. — Cities an<l 
towns may recover sums to which they ai'e entitli^d 
under the provisions of this act ' by an action of con- 
tr.ict in the snjierior cian-t. [L. 1909, ch. 394. sec. 2.] 

31. Have an insurable interest in property 
along route. 

* * * [Kvery railroad corporation] shall have 
an insurable interest in the property upon its route 
for which it may be so held liable.^ and may ])rocure 
insurance thereon in its own behalf. If it is held 
liable in damages, it shall be entitled to tlie benefit 



' See Table of Acts, on p. 
!See II, 30(1. 



n. 



STATE FORESTRY LAWS MASSACHUSETTS. 



I'ART n— Contd.] 

<if any insurance efl'eoted upon such pruiicrty l)y the 
owner tlieroof, less the cost of premium and expense 
of recovery. Tlie money received as insurance shall 
he deducted from the damages, if recoveretl l)efori' 
they are assessed ; and if not so recovered tlie policy 
of insurance shall be assigned to the corporation 
which is held lial)le in damages, and it may maintain 
an adion tlHr<'on. [L. 1906, ch. 463, Part II, sec. 
247.1 

EMPLOYEES. 

32. Fire duties. 

(/. Traiiimoii required to sound Arc signal, and 
give notice to section men and telegrapli station. — 

.Vuy engineer, conductor, or other employee on a train 
wlio discovers a fire burning uncontrolled on lands 
adjacent to the tracks shall forthwith cause a fire 
signal to be sounded from the eugine, which shall con- 
sist of one long and three short whistle blasts re- 
peated several times, and shall notify the ne.\t sec- 
tion men whom the train pa.sses, and the next tele- 
graph station, of the existence and locati(ui of the 
tire. The jjrovisions of this section shall not alTect 
the autliority conferred upon the board of railroad 
connnissioners by the provisions of section one hun- 
dred and forty-eight of Part II of chapter four hun- 
dred and sixty-three of the acts of the .year nineteen 
hundred and six.' I L. 1907, cli. 431, sec. 3.1 

h. Spetionmcii and others required to pxting;iiisli 
(ires. — Scclionniou -ir oilier employees of a railroa<l 
corporation who receive notice of the existence and 
location of a fire burning on land adjacent to the 
tracks shall forthwith proceed to the fire and sh.-ill 
use all reasonable efforts to extinguish it: I'rovidrd. 
That they are not at the time employed in labors im- 
mediately necessary to the .safety of tracks or to the 



safety and convenience of pas.sengers and the public. 
[h. 1907, ch. 431, .sec. 4.] 

BRUSH AND SLASH DISPOSAL. 

;j3. On lands bordering on woodland of an- 
other, highway, or raih oad location. 

Every owner, tenant or occujiant of land, and every 
owner of stumpage, wiio cuts or permits the cutting 
of wood or timljer on wotidland owned or occupied by 
him or on which he has acquired stumpage by pur- 
cha.se or otherwise, and which borders uiion the wood- 
land of another or uijon a highway or railroad loca- 
fiiiii, shall clear the land of the slash and brush w'ood 
llicii and tliere resulting from such cutting for such 
dislance, not exceeding forty feet, from the woodland 
of such other person, higliway or railroad location 
as the local forest warden shall ileti'rmine, and within 
sudi time and in such manner as he shall determine. 
fL. 1914, ch. 101, .sec. 1. j 

34. Within highway limits. 

Any person who cuts or causes to he cut trees or 
bushes or undergrowth within the limits of any higli- 
way or public road shall disiiose of the slash and brush 
wood tlien and there rt'sulting from such cutting 
within such time and in 'such manner as the forest 
warden of the city or town wherein such cutting is 
ilone shall determine. |1,. 1914, ch. 101, sec. 2.] 

3'>. Fine in cases of neglect. 

Whoever neglects to <-omply with the directions of 
I he forest warden with ri'gard to the dispo.sal of sla.sh 
and brush, as provided in sections one and two of this 
act, may be punished by a fine of not less than five 
dollars nor more than fifty dollars. fL. 1914, ch. 101, 
sec. 3.] 



PART III.— PUBLIC FORESTS. 



(This part comprises the provisions of law, if any, 
f(U' the estal)lishnient and care of State and municipal 
forests and for th" iiractice of forestry on these and 
(>ii other lands owned by tlie State. I 

STATE FORESTS. 

1. State forest commission. 
(/. Esliiblislied — Personnel — No compensation. — 

There is hereby established a state forest <'()iiiniis 
sion, to be composed of three persons, one of whom 
shall lie tlie state forester and two other meml)ers 
who sliall be appointed by the governor, with the ad- 
vice and con.sent of the council, and who shall serve 
without com|)ensation. [L. 1914. ch. 720, sec. 1.1 

h. Expenses. — The said commission may also ex- 
pend not more than five hundred dollars annually for 
its necessary expen.ses incurred in carrying put the 
provisions of this act. [L. 1914. ch. 720. sec. 6.) 

' Concerning regulations of whistles. 
62071—17 3 



c. Terms of ofHee. — The term of office of tlie ap- 
pointive members of the commission shall be six 
.\ears, except that when first aiipointed one of the 
members shall be appointed for six years and one for 
three years. Thereafter one iiKMiiber shall be ap- 
pointed every third yetir. I L. 1914, ch, 720. sec. l.j 

(/. Acquires lands for State forests, and .sells or 
exchanges such lands — Cost limited. — The commis- 
sion shall have power to inquire for the Common- 
wealth by piu-ehase or otherwise, and to hold, wood- 
land or land suitable for timber cultivation within 
the Commonwealth. The commission may, after a 
public hearing, sell or exchange any land thus ac- 
(luired which, in the judgement of the commission can 
no longer be used advantageously for the purpo.ses of 
this act. The avera.ge cost of land purchased by the 
commission shall not exceed five dollars an acre. 
[L. 1914, ch. 720, sec. 2.| 



10 



STATE FOKESTKY LAWS MASSACHUSETTS. 



PART III— Contd.] 

2. State forester. 

ti. Given control luid management of State for- 
ests— Required to leforest them— Makes regula- 
tions for their use. — Lands acquired under the pro- 
visions of tliis act ^^llall be known as stale forests 
and shall be under the control and management of the 
state forester. He shall proceed to re-forest and de- 
velop such lands and shall have power to make all 
reasonable regulations which, in his opinion, will tend 
to increase the public enjoyment and benefit there- 
from and to protect and conserve the water supplies 
of the Commonwealth. [L. 1914, ch. 720, sec. 3.] 

(;. Utilizes penal labor.— In the reforestation, 
maintenance, and development of lauds purchased 
under this act, the State forester, so far as it is prac- 
ticable, shall obtain the labor necessary therefor un- 
der the provisions of chapter six hundred anil thirty- 
three of the acts of the year nineteen hundred and 
thirteen, and acts in amendment thereof and in addi- 
tion thereto.' [L. 1911, ch. 720, sec. 4.] 

c. Publishes State forest accounting in annual 
report. — The state forester shall keep and shall pub- 
lish in his annual report an account of all moneys 
invested in each State forest and of the annual in- 
come and expense thereof. ' [L. 1914, ch. 720, sec. 3.] 

3. Appropriations. 

(I. Expended for acquisition and maintenance of 
lands. — The sum of ten thousand dollars may be ex- 
pended during the present year and the sum of twenty 
thousand dollars may be expended annually for the 
four succeeding years by the state forest commission 
in the acquisition of lands under the provisions of 
this act: Provided, That the said commission may, 
at its discretion, authorize the state forester to ex- 
pend a part of said sum in the maintenance of said 
lands. 

b. Available until expended. — If any part of said 
twenty thousand dollars remains unexpended at the 
close of any year, the balance may be expended in the 
following year. [L. 1914. ch. 720, sec. 6.) 

4. State forests exempt from taxation — 

Cities and towns reimbursed by State 
for loss of taxes. 

Land acquired under the provisions of this act '' shall 
be exempt from taxation ; but the Commonwealth 
shall reimburse cities and towns in which such 
lands are situated for taxes lost by reason of their 
acquisition, in the same manner and to the same ex- 
tent as in the case of lands acquired for public in- 
stitutions under the provisions of chapter six hundred 
and seven of the acts of the year nineteen hundred 
and ten.' [L. 1914, ch. 720, sec. 5.] 



OTHER STATE LANDS. 

LANDS ACQUIRED FOK EXPEKIMENT IN FOREST MANAOE- 
MENT. 

5. Acquirement. 

(/. By purchase. — For the purpose of experiment 
and illustration in forest management and for the 
purposes specified in section seven ' of this act the 
sum of five thousand dollars may be expended in the 
year nineteen hundred and eight, and the sum of ten 
thousand dollars annually thereafter, by the state 
forester, with the advice and consent of the governor 
and council, in purchasing lands situated within the 
commonwealth and adapted to forest production. 
Price and acreage limited. — The price of such lands 
shall not exceed in any instance five dollars per acre, 
nor shall more than eighty acres be acquired in any 
one tract in any one year, except that a greater area 
may be so acquired if the land purchased directly 
affects a source or tributary of water supply in any 
city or town of the Commonwealth. All lands ac- 
quired under the provisions of this act shall be con- 
veyed to the Commonwealth, and no lands shall be 
paid for nor shall any moneys be expended in im- 
provements thereon until all instruments of con- 
veyance and the title to be transferred thereby have 
been approved by the attorney general, and until 
such instruments have been executed and recorded. 
[L. 1908, ch. 478, sec. 1; L. 1909, ch. 214, sec. 1.] 

b. By gifts. — The state forester may in his discre- 
tion, but subject to the approval of the deed and title 
li.\ the attorney general as provided in section one, 
accept on behalf of the Commonwealth gifts of land 
to be held and managed for the purpose hereinbefore 
expressed. [L. 1908, ch. 478, sec. 3.] 

6. Reconveyance. 

(I. Rei)urchase of such lands by original owners. — 

The owners of land purchased under this act, or their 
heirs and assigns, may repurchase the land from the 
Commonwealth at any time within ten years after the 
iHirchase by the Commonwealth, [Price to be paid. — ] 
upon paying the price originally paid by the Common- 
wealth, together with the amount expended in im- 
provements and maintenance, with interest at the rate 
of four per cent per annum on the purchase price. 
The state forester, with the approval of the governor 
and council, may execute in behalf of the Common- 
wealth such deeds of reconveyance as may be neces- 
sary under this section: [Regulation of cut re- 



• Laws for the utilization of penal labor. 
= See Table of Acts, on p. 21. 

' Chap. 607, Laws 1910, requires the tax commissioner, 
beginning in the year 1910 and every fifth year thereafter, 



to deliver to the State troasurer a statement as to the value 
of lands owned by the State and used for public institutions, 
in each city and town. The rate per thousand for which 
the State shall reimburse cities and towns is required to be 
equal to the averaj;e of the annual rates for the three pre- 
ccdiUK years. (Sec. -13, part 3, chap. 490, Laws 1909, as 
amended by Laws 1914, chap. 198, sec. 6 ; see volume 1914 
session laws.) 

1 See Table of Acts, on p. 21. 



STATE FORESTRY LAWS — MASSACHUSETTS. 



11 



PART III— Contd.] 

quired. — ] Provided, hoicevor. That lliere slinll lie in- 
cUhUnI in such deeds a resti-ictioii requlriiii; lliat 
trees cut from sueli i)r<)i>erty shall not he less than 
elKht inehes in diameter at the butt. |L. ISIOS. eh. 
478, sec. 2.1 

b. Kepiirehasi' of sucIi lands by donors. — A dunur 
(if such land may reserve the right to buy back tli(> 
land in accordance with tlie provisions of sec'tion 
I wo, lint in file absence of a jirovision to tliat effect 
in his deed of sift he sliall not Iiave such riirlit. 1 1 .. 
IDIKS, cli. 478, sec. 3.] 

7. Control and management, 

II. \% 1.1 Stale forester ^iven control and inan- 
ag'ement. — Land acquired under the provisions of this 
act ' shall be under the control and manafienient of 
the st.ite forester [Cuts and sells trees, wood, and 
other produce therefrom. — ] wli.i may. subject to the 
aiiiiroN.al of tile governor and council, i-iit and sell 
trees, wood and other produce therefrom. ( L. l!t(ts. 
rh. 47S. sec, 4.] 

Ill 2.1 Hequired to reforest lands. — The St.-iic I'm- 
eslcr shall I'eplaiit or otiierwise manage all land ac- 
i|uireil by the Commonwealth and held l>y it under 
the pro\ isiuns of tlds act,' in such maimer as will 
in liis judgment produce the best forest growth both 
as to practical forestry results and protection of 
water suiiplies. [L. 1908, -h. 478. sec. 8.] 

h. Hevciines derived from lands to be paid into 
Slate treasury. — All moneys received liy or payable to 
the Commonwealth or any one acting on its belialf 
mider the provisions of this act ' shall be paid into 
the treasury of the Connuonwealth. [L. 1908. ch. 478, 
sec, 5.] 

8. Reconveyed lands not exempt from taxa- 

tion on account of plantations of trees 
set out by State. 

Land acquired under the provi-sions of this act and 
subsequently reconveyed under tlie provisions of sec- 
tions tvfo ' or three ^ shall not be exempt from taxation 
on jiccount of any plantation of trees set out or 
planted wliile it was held by the Commonwealth. 
[L. 1908, ch. 478, sec. 6.] 

MUNICIPAL FORESTS. 

9. Established by condemnation or purchase, 

or by gifts. 

fH 1.] A town, by a vote of two-thirds of the legal 
voters present and voting at an annual town meeting, 
or .1 city in which the cit.v council consists of two 
branches, by a vote of two-thirds of the members of 
each branch, and a city in which tliere is a single 
U gislative board, by a vote of two-thirds of the mem- 
bers thereof, present and voting tliereon, may take or 



^ See Table of Acts, on p. 21. 



purchase' land within their limits, which shall be a 
public domain, and [may * * * accept gifts of * * * 
land therefor; * * *1 [H 2.] Title.—* * * the 
title thereto shall vest in the city or town in which 
it lies, with the exception tliat cities or towns owning 
laiul within tlie territorial limits of other cities or 
lowns for water supply purposes may, as herein pro- 
vided, convert such land into a public domain and 
retain the title thereto. [R. L. 1902, ch. 28, sec. 23; 

* * *; L. 1915, ch. Ifi2, sec. 1.] 

10. Uses. 

<i. Culture of forest trees, and preservation of 
municipal nater supply. — Such public domain shall 
be devoted to the culture of forest trees, or to the 
preservation of the water supply of such city or 
town and * * * [R. L. 1902. ch. 28. see. 23: 

* * * : L. 191."), ch. 162, sec. 1.1 

h. Public instruction and recreation. — Any city 
or town in which such a public d<miain is situated 
may erect thereon any building for public instruction 
or recreation : I'rniHdcil. Tliat if sucli public domain 
lias been placed under tlie supervision and control of 
the state forester, under the lu-ovisions of this act," no 
such building sliall lie erected unless his approval 
shall tirst be obtained. [ R. L. 1902, ch. 28, sec. 27: 
L, 19i:^. ch. -,CA. sec. 4.) 

11. Control and management vested in. 

a. City or town forester. — The city or town for- 
ester ° in such city or town, with one or more keepers 
uppointM b.v him, shall have the management and 
charge of all such public domain in that city or town, 
[Police powers. — 1 and within sucli jiublic domain 
sliall have the powers of coustaliles and police offi- 
cers in towns. 

b. State forester. — But a town by a vote of two- 
thirds of the legal voters present and voting at an an- 
nual town meeting, or a city in which the city council 
consists of two branches, by a vote of two-thirds of 
the members of each branch, and a city in whicii there 
is a single legislative lioard, by a vote of two-thirds 
of the members thereof present and voting thereon, 
may place all such public domain within its limits 
under the general .supervisioi^ and control of the 
slate forester, who shall thereupon, upon notification 
tliereof, make regulations for the care and use of such 
public domain and for fli(> iilaiiting and cultivating of 
trees therein, [City or town forester subordinate. — j 
and I he city or town forester in such case and his 
keepers, under the supervision and direction of the 
state forester, .shall be <'harged with the duty of en- 

' A description of tlic land Is required to be duly regis- 
torod. and if damai^os are occasioned by sucli taking, they 
may be recovered as in tiic case of tlie taljing of land for 
a liigliway. (See R. L. 1002, ch. 28, see. 24.) 

= See in. 11!). 

•'' There is no State law concerning the appointment of such 
otlicers. They may, liowcver, be provided by cliles and 
towns under their general local authority. 



12 



STATE FORESTRY LAWS MASSACHUSETTS. 



PART III— Contd.] 

forcing all such regulations and of performing such 
labor therein as may be necessary for the care and 
maintenance thereof; and within such public domain 
shall have the powers of constables and police officers 
ia towns. [R. L. 1902, ch. 28, sec. 25; L. 1913, ch. 564. 
sec. 2.] 

12. Procurement and use of funds. 

a. [II 1.] Appropriations and gifts. — [A town or 
city, by a vote in accordance with the reriuireraents 
of this section ' for the the establishment of munici- 
pal forests] niny aiijiropriate money and accept gifts 
of money and land therefor, but the indebtedness so 
incurred shall be liiiiited to an amount not excee«ling 
one-half of one per cent of the last preceding assessed 
valuation of the city or town. [R. L. 1002, ch. 28, 
sec. 23 ; * * * ; L. 1915, ch. 162. sec. 1.] 

[If 2.] In advance of appropriation, no indebted- 
ness to be incurred.^No land shall be taken or jnir- 
chased for a public domain, no building erected there- 
on and no expenditures authorized or made or lia- 
bility incurred therefor until an amount sufficient to 
cover the estimatetl expense thereof in a town has 
been appropriated tluTefor as provided in section 
twenty-three;' and all contracts made for expemli- 
tures in excess thereof shall be void. The expendi- 
tures shall not exceed the approjiriations therefor. 
[R. L. 1902, ch. 28, sec. 28.] 

b. Rentals and sales of products — Applied to 
management. — Any such city or town may lease any 
building on a public domain, and shall apply all sums 
derived from rents or from the sale of the products 
of any such domain, so far as may be necessary, to 
the management thereof. [K. h. 1902, ch. 28, sec. 26; 
L. 1913, ch. 564, sec. 3.] 

c. [K 1.] Public domain loans: Authorized. — For 
the purpose of defraying the expenses inon-red undei- 
the provisions of the six preceding sections ' any city 
or town may issue from time to time, and to an amount 



not exceeding the sum actually expended for the tak- 
ing or purchase of lands for such public- domain, 
nonds or notes. Such bonds or notes shall be denom- 
inated on the face thereof, City or Town of , 

Public Domain Loan, Act of 1913; shitll be payable 
by such annual payments, beginning not more than 
one year after the date thereof, as will extinguish 
each loan within thirty years from its date; and the 
amount of such annual payment of any loan in any 
year shall not be less than the amount of the princi- 
pal of said loan payable in any subsequent year. 
Each atithorized issue of bonds or notes shall consti- 
tute a separate loan. The bonds or notes shall bear 
interest at a rate not exceeding four and one-half per 
cent per annum, payable semiannually ; and shall be 
signed by (he treasurer and countersigned liy the 
mayor or the city or, in the case of a town, shall be 
signed by the treasurer and countersigned by the 
selectmen. The city, by its mayor and treasurer, 
and the town, by its selectmen and treasure!-, may 
sell such bonds or notes at public or ju-ivate sale, upon 
such terms and comlitions as they may deem proper, 
but the bonds or notes shall not be .sold for less than 
their par value ; and the proceeds shall be used only 
for the purposes herein specified. [R. L. 1902, ch. 28, 
sec. 29 ; L. 1913, ch. 564, sec. 5.] 

[H 2.] Payment of. — The city or towh shall at the 
tirae of authorizing said loan or loans provide for the 
payment thereof in accordance with the foregoing 
provisions of this act ; ' and when a vote to that effect 
has been pa.ssed by the city council, or at any annual 
ti)wn meeting, a sum which will be sufficient to pay 
the interest as it accrues on the bonds or notes issued 
as aforesaid by the city or town, and to make such 
payments on the principal as nuiy be retpiired under 
the provisions of this act, shall, without further vote, 
be assessed by the assessors of the city or town an- 
nually thereafter in the same manner in which other 
taxes are asses.sed, until the debt incurred by said 
loan or loans is extinguished. [L. 1913, eh. 564, 
sec. 6.] 



PART IV.— TAXATION. 



(This part comprises the provisions of law, if any. 
covering the classifioRtion and taxation of forested 
lands and lands to be forested, the purpose of which 
is to encourage the practice of forestry by private 
owneis; also such bounty and exemption laws os 
have a like purpose. For similar taxation provisions, 
if any, concerning State or municipal forests, or other 
State lands, see Part ITT.) 

CLASSIFICATION OF FOREST LAND. 

1. Land classes defined. 

[Preamble.] Owners of woodland or land suitable 
for fore.st planting may have such land cla.ssifled for 
taxation' under the following designations: — [Pre- 
amble to sec. 1, ch. 598, L. 1914.] 



> See Talile of Acts, on p. 21. 

- This act shall lie kuown as the forest classification and 
tax act. [L. 1914, ch. 598, sec. 27. For act in full see 
Tahle of Acts, on p. 21. 



a. Woodlot. — Land with trees of merchantable 
value shall be known as Woodlot. [L. 1014, ch. .598, 
see. 1(a).] 

h. Plantation. — Land without trees of merchant- 
able value shall be known as Plantation. [L. 1914, 
ch. .598, .sec. 1(b).] 

t: Forest. — (Consolidated tracts of woodlots and 
pl.-mtations. For text, see IV, 8c.) 

2. Minimum acreage that may be classified. 

No tract of laiKl containing less than three acres 
shall be classified unless such tract is to be con- 
solidated with other tracts under the provisions of 



1 See Table of Acts, on p. 21. 



STATE FORESTRY LAWS — MASSACHUSETTS. 



13 



If tllis Met. |I>. \'.n4. ell 



PART IV— Contd.l 
section thirteen [iiiin 

nas. sec-. 1.1 

3. Application for classification. 

in 1.] Any owner of land suitable for classification 
us WooiUot or Plantation who desires to have it classi- 
lied sliall make application, in such form as the tax 
comniissioneF shall from time to time prescribe, to the 
ciiTl; (if the city or town in whicii the land is situated. 
F.iu'uiiihraiiccs, etc. — The application shall state 
wlictlier or uot the land is -encumbered by mortgages. 
It uses, attachments, or other valid liens, except rights 
of way; and shall state also whether other persons 
than the applicant have an interest or interests in 
the land. Assent of parties having interest. — In 
either ca.se, the application .shall be accompanied by 
the written as.sent to the classification of siu-li mort- 
gagees, lessees, attaching creditors or lienors, or [ler- 
sons having an interest in the land, whicli assent shall 
\k- under .seal and in such form as the tax coniinis- 
sloner shall from time to time prescribe. Description 
of land. — The application shall be ac(-()ni]ianied by 
sncli desc riiitKin by metes and bounds as may be con- 
uiined in the last conveyance of the land, or by two 
(-(ipies of a pUit showing the location of the land by 
metes and bo-unds, and in either case shall contain a 
icl'erence to the book and page of the recorsl of said 
(-onveyance. If the land to be classified comprises a 
pMi-t of the land described in any conveyance, said 
.-ippli(-ation shall he accompanied by such a de.scrip- 
ti<iii by metes and bounds as will be suflieient to iden- 
tity that iiai-t, or by two copies of a plat showing the 
location of the part by metes and bounds, and in 
either case shall give a reference to the book and page 
of the re(-ord of said conveyance. [L. 1914, ch. 598, 
.sec. 2.] 

[H 2.] Penalties for concealing encumbrances, 
etc. — Any applicant for the classification of land 
under this act who fraudulently fails to disclose all 
en(-umbran(-es thereon or interests therein then exist- 
ing, shall be punished by a tine of not more than one 
thonsanil dollars or by imprisonment for not more than 
one year. |l,. 1!)14, i-h. .")98, sec. 22.] 

4. Notification to assessors. 

The (-lerk of the city or town in which the land is 
situated shall forthwith notify the assessors of such 
city or town of the filing of the api)lication. [L. 1914. 
ch. 598, sec. 2.] 

5. Suitability of land, and valuations. 

(/. Determined by assessors. — The assessors shall 
forthwith determine whether the land is suitable for 
dassitication ; and if they so determine, shall within 
thirty days make separate valuations of the land and 

' See Table of Acts, on p. 21. 



of the value of the trees growing thereon, which value 
shall be the fair cash value of the trees on the stump, 
iiereinafter called stuniyage value. The assessors 
shall make separate valuations of any liuildings on the 
land. They may also retjuire the forest warden of the 
(-ity or town to give such assistance as they may deem 
nec-essary in making the aforesaid determinations and 
valuations. 

/*. Appeal as to suitability. — If the assessors shall 
determine that the land is not suitable for classifica- 
tion as aforesaid, they shall forthwith give notice 
thereof to the owner, who m.-iy appeal from such de- 
cision to the state forester. The state forester, after 
inve.stigatiou and after hearing the persons interested, 
shall decide whether the land is suitable for classifica- 
tion, and shall notify the owner and the assessors of 
his decision. Decision favorable. — If he shall decide 
that the land is suitable for cla.ssification, the asse.s- 
sors shall, within thirty days thereafter, make the 
aforesaid valuations. (L. 1914, ch. .")98, sec. 2.] 

r. .\ppeal as to valuations. — Said assessors shall, 
within ten days after the completion of said valua- 
tion.s, send written notice thereof, in such form as the 
lax commissioner shall from time to time prescribe, 
to the owner of the land ; and the valuations so de- 
termined shall be conclusive unless the owner, within 
ten days after receiving them, files notice of an appeal 
to the tax comini.ssioner from any or all of the valua- 
tions .so determined. In case of such appeal, the tax 
commissioner or his deputy, after investigation and 
after hearing the persons interested, shall make final 
determination of said valuation or valuations, and 
shall notify the owner and the assessors of such de- 
termination, which shall be conclusive. [L. 1914. ch. 
.")98, sec. 3.1 

d. Acceptance of valuations — Time limit and 
waiver thereof. — Upon the final determination of the 
aforesiiid valuations, the owner, if he desires to com- 
plete the classification, shall, within ten days, notify 
the clerk of the city or town of his acceptance of such 
v;iluations: and such notiti(-ation shall constitute a 
full acceptance of the conditions and requirements of 
this act. The clerk may, with the consent of the tax 
commissioner, receive and file the notification after 
the said time has elapsed. [L. 1914, ch. .598, .sec. 4.] 

6. Completion of classification. 

(I. Assessors notified. — I'pon receipt of such notifi- 
cation ' the clerk shall forthwith classify the land and 
shall notify the assessors of the city or town in which 
the land is situated ; * * * 

'*. Tertilicate recorded in registry of deeds. — The 
(lerk shall also cau.<ie to be rei-cirded in the registry 
oi" deeds for th-> county in which the land is situated 
a certificate of the classification of the laud, which 
certificate shall contain the name of the owner of tlie 

»See IV, 5d. 



14 



STATE FORESTRY LAWS MASSACHUSETTS. 



TART IV— Coutd.] 

Uiud, the tlate of cla.ssification, tlie designation of the 
land chissified, and t copy of the description of tlie 
hind, or of the plat, required by section two of this 
act.^ Fees. — The clerk shall receive from the appli- 
cant a fee of two dollars for every such certificate of 
classification, and shall receive a fee of fifty cents for 
each sulisequent copy thereof: and iu addition the 
clerk shall receive the usual fee for recording said 
certificate iu the registry of deeds, which fee shall 
be transmitted with the certificate to the register of 
deeds. 

c. Conditionij of act binding. — Upon the recording 
of the certitieate, the land shall thereafter be subject 
to all the conditions and requireiuents of this act ' 
unless it is withdrawn from classification ; and said 
conditions and requirements shall be binding upon 
any owner thereof, his heirs and assigns, upon all 
persons who have assented to the classification, and 
upon all persons subsequently acquiring any interest 
in the land. 

d. Taxation becomes effective. — * * * but if 
the notitii-ation from the owner [of acceptance of 
valuations] is not received on or before the first day 
of April in any year, the provisions of this act re- 
lating to taxation shall not take effect imtil the first 
day of April of the following year: Provided, That 
in the year nineteen hundred and fourteen said pro- 
visions relating to taxation shall take effect as of 
the first day of April, if the aforesaid notification 
from the owner is received on or before the first day 
of .Tuly. [L. 1914, ch. 598, sec. 4.] 

7. Previously exempted lands classified as 

plantation. 

Section six of Part I of chapter four hundred and 
ninety of the acts of the year nineteen hundred and 
nine ' is hereby repealed, but this repeal shall not 
affect exemptions existing at the date of the passage 
of this act. Owners of land exempt from taxation 
under the provisions of said section may, at the end 
of the period provided by said section, classify such 
land as plantation under this act. When such land 
is thus classified as plantation, the assessors shall 
not be required to value the trees standing thereon, 
but shall make the other valuations required by sec- 
tion two of this net." \\,. 1914. ch. 508, sec. 26.] 

8. Consolidation under single classification 

of " forest." 

a. Application. — On and after the first day of 
.\pril. nineteen hundred and nineteen, any owner of 
two or more adjoining tracts of land classified in any 
city or town as Woodlot or Plantation, and any owner 

' .See Talilp of Acts, on p. 21. 
- See voluiiie of Session Laws. 



of more than one hundred acres of land so classified, 
whether the land consists of adjoining tracts or not, 
may apply for the consolidation of such tracts under 
a single cla.ssification. The application shall be in 
such form as the tax commissioner shall from time to 
time prescribe, and shall be filed with the clerk of 
the city or town in which said tracts are situated. 

h. Classification procedure. — The clerk shall forth- 
with classify the tracts as a single tract, shall record 
the classification in the registry of deeds, as provided 
in section four of this act,' and shall receive therefor 
a fee, together with the fee required for such record- 
ing, as provided in said section four. 

c. Designation. — He shall forthwith notify the as- 
sessors of the city or town of such consolidation, and 
the assessors shall, on or before the first day of the 
following April, consolidate the vahmtions and assess- 
ments of all taxes imposed by this act, which taxes 
shall, on and after the aforesaid first day of April, 
be levied and assessed in respect of the entire tract 
of land classified, and not in I'cspect of its constituent 
tracts of Woodlot or Plantation. Such consolidated 
tract shall he known as Forest. [L. 1914, ch. .^98, 
sec. 9.] 

9. Sale not to prejudice classification and 

obligations thereunder. 

X(i sale (ir (itlier conveyance of classified land shall 
release the purchaser thereof, or other person acquir- 
ing an interest in such land, from any obligation or 
liability imposed by this act.' [L. 1914, ch. 598. sec. 
10.] 

10. Withdrawal from classification. 

((. On condition of payment of accrued taxes, in 
full. — Land classified under this act may be with- 
drawn from classification liy the owner at any time 
upon payment to the authorities of the city or town 
ill which the land is situated of the amount of forest 
1:1 lid tax and fore.st commutation tax which may be 
due for the current year and for all previous years. 
and upon payment of forest-product tax upon the 
stumpage value of the trees then standing upon such 
hind, as though the said trees had then been cut. 

6. [IT 1.] Notice of, and valuations incidental 
tliereto. — The owner shall give the assessors of the 
city or town in which the land is situated notice in 
writing of his desire to withdraw the land from classi- 
fication. The assessors shall forthwith nudve a valua- 
tion of the trees then standing upon the land, and 
give notice of such valuiition and of the amount of 
forest-product tax due thereon for such withdrawal ; 
and may require the forest warden of the city or 
town to give such assistance as may be necessary. 

[H 2.] Appeal from such valuations. — If the owner 
of the land is aggrieved by the vaUuition made by tin- 

' See Table of .Vets, on p. 21. 



STATE FORESTRY LAWS MASSACHUSETTS. 



15 



PART IV— Contd.] 

assessors, he may, within ton days alter such ndticc. 
appeal to the state forester, or make a written re- 
(pu'st to the assessors for an arbitration, which arbi- 
tration shall be in accordance with the provisions of 
subsection (b) of section eiiiht of this act.' 

e. Certificate, and registration of. — Upon the pay- 
ment of the forest-product tax thereon and of all 
oilier taxes due on account of the land, the land shall 
111' withdrawn from classification. The clerk of the 
city or town shall forthwith record a certificate of such 
w ilhdrawal in the registry of deeds for the comity in 
w hiili the land Is situated. Fees. — The owner of the 
land shall pay to the clerk a fee of one dollar for 
every such certificate of withdrawal, and a fee of fifty 
cents for each subsequent cojiy thereof: and in addi- 
tion, the usual fee for recording stiid certificate in 
said registry, which fee the clerk shall transmit to the 
register of deeds. 

(/. Lialtility for product tax assessed in excess of 
estimates. — In case of all trees cut on said land within 
three years of the date of .such withdrawal a forest- 
liroduct tax shall be assessed in accordance with the 
jirovisious of this act; ' and if the amount of tax thus 
assessed in respect to the laud shall exceed the amount 
of tax a.ssessed and levied at the time of withdrawal, 
the owner shall be liable for the payment of such 
excess under the conditions and retiuirements of sec- 
tion eight of this act." [I.. 1914, ch. .j98, sec. 12.1 

11. Cancellation of classification. 

If the owner, after notification from the slate for- 
ester that the requirements of said regulations' have 
iKil been complied with, fails to comply therewitli 
wilhiu a reasonable time thereafter, the state for- 
ester, alter a hearing, shall have the right to direct 
tlu! clerk of the city or town to cancel the classifica- 
tion of the land. The clerk shall forthwith cancel the 
classification, notify the assessors thereof, and record 
a certificate of cancellation in the registry of deeds. 
Owner lial)le for forest-product tax. — The assessors 
shall forthwith make a valuation of the trees stand- 
ing upon the land, and assess a forest-product tax 
tliereon, which shall forthwith be levied and shall 
be collected in accordance with the provisions of sec- 
lion eiglit of this act." [L. 1914, ch. .598, sec. 20.] 

EXKIIPTIONS FROM GENERAL TAX LAWS. 

12. Lands and corporations entitled to ex- 
emption. 

(/. Classilied lands exempt — Exceptions, includ- 
ing- buildings.— Land classified under tliis act shall 
be exempt from taxation except such as is imposed by 

'See Table of Acts, on p. 21. 

" See " Forest Products Tax," p. 17. 

" See " Forestry Restrictions," p. 20. 



this act, but shall be liable to the same extent and 
in the same manner as other land for special assess- 
ments. Buildings situated upon sucli land shall be 
sub.iect to taxaticm as real estate under the pro- 
visions of chapter four liundrtHl and ninety of the acts 
of the year nineteen hundred and nine and acts in 
.iniendment thereof and in addition thereto." [L. 1914, 
ch. 50S, sec. 5.] 

h. Other lands exempt. — Land which does not ex- 
ceed in value ten dollars an acre, if well stocked with 
thrifty white-pine seedlings that have attained an 
average height of not less than fifteen inches, upon 
.satisfiictory proof of its condition by the owner to the 
asses.sors, shall be exempt from taxation for a period 
of ten y(>ars thereafter : Provided, That if any trees 
of connuercial value, except such as are reasonably 
removed for the improvement of the white-pine 
growth, are cut or removed from the said land, the 
exemption herein provided for shall cease, [h. 1909, 
ch. 187, sec. 1.] Exceptions*. — (See III. S. i 

c. Certain corporations exempt. — In the taxation 
of corporate franchises, under the provisions of sec- 
tions forty to forty-three, inclusive, of Part III of 
chapter four hundred and ninety of the acts of the 
year nineteen hundred and nine, and acts in amend- 
ment thereof and in addition thereto,' corporations 
organized for the purpose of owning land classified 
under the provisions of this act ' shall be exempt from 
taxation upon such proportion of their capital stock 
.'IS is actually invested and employed in the business 
of forestry upon land classified under the provisions 
of this act. FT- 1914, ch. .598, see. 25.] 

FOREST-LAND TAX. 

13. Assessment, collection, etc. 

Land classified under the provisions of this act shall 
be sub.iect to forest-liind tax. Said tax shall be as- 
ses.sed, levied and collected in the manner prescribed 
in chapter tour hundred and ninety of the acts of the 
ye.ir nineteen hundred and nine" for the ta.xation of 
r(!;il estate within the Commonwealth, upon its fair 
cash value exclusive of the valu<> of all buildings and 
I be value of all trees growing thereon : [.Ippeals from 
assessment. — ] Provided, That owners of classified 
land, instead of prosecuting an appeal, as provided in 
sections seventy-six li, ei.ghty of Tart I of the said 
chapter, as amended, may. at their option, within 
lliirty days after receiving the notice provide<l for by 
se<tion seventy-five of Part I of the said chapter, ap- 
peal to the tax connnissioner. Abatement. — If the 

' See volume of Session Laws. 

- • • • oorpor.ittoDs formed for the purpose of owning 
ilassifled forest land under (he provisions of the forest 
chi.'isification and taxation act [IV, l-12a, c; 13-32] may 
In- organized without lin-itation of the term of their dura- 
tion. [L. moo, ch. 437. sec. 7: • • •; L. 1914, ch. 508, 
sec. 24.] 



16 



STATE FORESTRY LAWS— MASSACHUSETTS. 



PART IV— Contd.] 

tax commissioner or liis deputy, upon a hearing, finds 
that the land has been overvalued, he shall make a 
reasonable abatement and an order as to costs, [h. 
1914, ch. .598, sec. 6.] 

FOREST COMMUTATION TAX. 

14. On woodlots classified prior to April 1, 
1919. 

[Preamble.] Land classified under this act as Wood- 
lot shall be subject to forest-connuutation tax, which 
shall be assessed and levied annually as of April first 
by each city and town lu the following mauner : 
[Preamble to sec. 7, ch.- 598, L. 1914.] 

(/. Basis of the tax. — An account shall be opened 
by the assessors of each city or town for all lands 
classified as Woodlot on or before April first, nineteen 
hundred and nineteen, and not withdrawn, which ac- 
count shall show the sum of the taxes a.ssessed upon 
such lands, exclusive of liuildings thereon, in the year 
nineteen hundred and thirteen. [L. 1914, ch. 598, 
sec. 7(a).] 

h. The tax computed each year. — From the afore- 
said sum there shall be deducted, in each year from 
nineteen hundred and fourteen to nineteen hundred 
and nineteen, inclusive, the total amount of forest- 
land tax assessed for that year in the city or town, and 
the remainder shall be the total amount of forest- 
tonnnutation tax of the city or town for that year. 
[L. 1914, ch. .598, sec. 7(b).] 

('. The tax apportioned. — The total amount of for- 
est commutation tax thus determined for each year 
from nineteen hundred and fourteen to nineteen hun- 
dred and nineteen, inclusive, shall then be apportioned 
til the various tracts of woodlot, in proportion to the 
stumpage value of the trees growing thereon at the 
(late of classification, as determined in accordance 
with section two of this act ; ' and the several amounts 
thus ascertained shall be the amounts of forest com- 
mutation tax for which said tracts .shall respectively 
be liable for that year. [L. 1914, ch. 598, sec. 7 (c).] 

il. The tax fixed after the year 1919. — Upon the 
cciuipletion of tlie assessments for the year nineteen 
buudrod and nineteen the account provided for in sub- 
section (a)' shall be closed; and each tract of woodlot 
classified on or before the first day of April of that 
year shall thereafter be liable for the same amount of 
forest commutation tax that was levied in the said 
year nineteen hundred and nineteen, except as pro- 
vided in subsections (g), (h), (i), and (j) of this 
section.' [L. 1914, ch. .598, sec. 7 (d).] 

15. On woodlots classified after April 1, 1919. 

Upon every tract of land classified as woodlot in 
any city or town after April first, nineteen hundred 

1 See Table of Acts, on p. 21. 



and nineteen, the annual amount of forest commuta- 
tion tax shall be the amount of tax assessed and 
levied upon such tract, exclusive of the buildings 
thereon, in the last assessment and levy prior to the 
date of classification, less the amount of forest-land 
tax assessed and levied in the next assessment and 
levy subsequent to said date of classification. [L. 
1914, ch. 598, sec. 7 (e).] 

16. Collection of the tax. 

Forest connuutation tax shall be collected in the 
manner prescribed by Part II of chapter four hundred 
and ninety of the acts of the year nineteen hundred 
and nine for the taxation of real estate within the 
( 'onniionwealtb and acts in amendment thereof and 
i'.i addition thereto." [L. 1914, ch. .598. sec. 7 (f).] 

17. Division of the tax under sale or convey- 
ance of a part of a tract. 

In case of the sale of any part of any tract of land, 
the owner of which is liable to the payment of forest 
commutation tax, the parties to such sale shall agree 
upon an equitable division of the aforesaid tax. A 
copy of this agreemerit signed by all of the parties to 
the conveyance shall forthwith be filed with the as- 
sessors of the city or town in which the land is situ- 
ated, who shall accept the aforesaid division as the 
basis for the future assessment and levy of forest com- 
mutation tax, unless they find the division so unequal 
.■;s to reduce the .security of the city or town for the 
collection of any part of the forest commutation tax 
thereafter. Liability of parties prior to acceptance 
of division by assessors. — Until such division of tax 
shall have been accepted by tlie asse.s.sor.s, the parties 
to any such sale or conveyance, and their heirs and 
assigns, shall be jointly and severally liable for all 
forest comnnitation taxes thereafter a.ssessed in re- 
.spect of the entiie tract of land. [L. 1914, ch. .598. 
sec. 11.] 

IS. Reduction in the tax. 

(/. When trees are destroyed before April 1, 
1919. — In case of the destruction by fire or otherwise 
oi! or before April first, nineteeii lunidred and nine- 
teen, of trees standing upon l;ind classified as Wood- 
lot, the owner of the laud nuiy J'pply to the asses.sors 
of the city or town for a reduction of forest connuuta- 
tion tax. No reduction less than 10 per cent con- 
sidered. — Sucli application shall not be made except 
in respect of trees of a value equal to or in excess of 
10 per cent of the stumpage vain.? of the trees stand- 
ing on the land at the time of classification. Determi- 
nation of reductions. — The assessors shall (letermim- 
what proportions of said stumpage value of the trees 
has been destroyed by fire or otherwise, and shall 

^ See volumes of Session Laws. 



STATE FORESTBY LAWS MASSACHUSETTS. 



17 



r.VKT IV— Conld.l 

iiuike ii proportioiKifc reduction in the valuation of 
siiid trees in deterniiniug tlie amount of forest coni- 
iinitiition tax which the land shall thereafter pay. 
'["he a.ssessoi-s nia.v require the forest warden of the 
city or town to jrive such assistance as may he neces- 
nry in determiiiini: tlie i>roportion of stiimpajie value 
so destroyed. Total tax correspondingly reduced. — 
The assessors shall also deduct from the total amount 
ol forest connuutation tax thereafter levied in the city 
or town an amount of tax proportionate to any and 
all reductions in valuations made to landowners in 
accordance with tlie provisions of this subsection. 
Appeal from the reductions. — From the aforesaid 
(U'U'riiiiiiatii)n of the assessors, the owners may ap- 
pc.d to the tax connnissioner in the manner provided 
in section six of this act.' [I.. 1914. ch. 598. sec. 
7 (;;l.l 

//. When trees sre destroyed after April 1, 
1!H9. — In case of th'> destruction by lire or otlierwise. 
sul)sequent to April first, nineteen hundred and nine- 
teen, of trees standing upon land classified as Woodlot' 
under tliis act. tlie owner of the land may apply to the 
assessors of tlie city or town for a reduction of forest 
conimutation tax. No reduction less than 10 per 
cent considered. — Such application shall not be made 
except in respect of trees of a value equal to or in 
excess of 10 per cent of the stumpage value of the 
trees standing on the land at the time of classification. 
Determinations of reductions. — The assessors shall 
lU'lerniinc what amount and proportioii of said stump- 
age value of the trees has been destroyed by fire or 
otherwise, and shall make a proportionate reduction 
in tlie forest commutation tax for which tlie owner 
shall be liable. The assessors may require the forest 
warden of the city it town to give such assistance as 
may lie necessary in determining the proportion of 
stumpage value so destroyed. .4ppeal from the re- 
ductions. — Krom the detenninatien of the assessors, 
the owner may appeal to the tax commissioner in the 
manner provided in section six of this act.' [L. 1914, 
ch. .-)!«. .sec. 7 (h).J 

r. On account of forest product tax. — On and after 
April first, nineteen hundred and nineteen, any owner 
III land d.-issified as Woodlot may. as hereinafter pro- 
vided, apply to the a.ssessors of the city or town for 
a reduction of the jiiionnt of forest commutation tax 
for which the owilt is liable. No reduction less 
than 10 per cent considered. — Such application may 
be made only in respect to trees upon which forest 
product tax has been paid: and may not lie made ex- 
cept in respect of trees of a stumpage value equal to 
or iu excess of ten per cent of the stumpage value of 
the trees standing upon the land at the date of classi- 

»IV, 1(7. 

-See T.al)le of .\cts, on i). •_>!. 



fication. Reduction in tax. — Upon receipt of such 
aiiplication, the assessors of the city or town shall 
reduce the forest commutation tax for which the 
owner is liable in any snbseiiuent year, by a percent- 
age equal to the percentage which the stumpage value 
of the trees bears to the stumpage value of the trees 
standing upon the land at the date of classification. 
[L. 1914. ch. 598, sec. 7 (i).] 

19. The tax extinguished by reduction. 

When the reductions in valuations made in accord- 
ance with subsections (g), (h), and (i)' shall equal 
the stumpage value of the trees determined to have 
licen standing on the Woodlot at the dale of classifica- 
tion, the woodlot shall no longer be liable for forest 
commutation tax [when woodlot treated as planta- 
tion. — ] and shall thereafter be treated as if it had 
been classified as plantation. [L. 1914, ch. 598, sec. 

FOREST-PRODUCT TAX. 

20. Preliminary determination of taxable 
values. 

[Preamble.] All land classified under this act shall 
be subject to forest-product tax, which shall be as- 
sessed, levied and collected in the following ni,iMiier : — 
[Preamble to see. 8, eh. 598, L. 1914.1 

a. Under the terms of the law itself: Owner re- 
ports, in advance of each removal of any wood cut, 
the quantity and value to be removed. — Kxcept as 
provided in subsection (e) of this section,' immedi- 
ately after the cutting of trees and not less than 10 
days before the removal of any wood from land classi- 
fied under this act, the owner shall notify tlie asses- 
sors of such intended ri'nioval ami shall report the 
anuiuiit ami stumpage value of such wood. Penalty 
for failure to report. — Every su<li owner or his 
agent or representative who fails to comply with tlie 
foregoing requirement shall be liable to a fine of not 
less than ten nor UMU-e tlian one thousand dollars. 
Assessors check such reports by iudependeut deter- 
minations of quantity and value. — Tlie assessors 
shall have the right, after inspection, to make an in- 
dependent determination of tlie amount of such wood 
or the stumpage value thereof, or both, and shall 
forthwith notify the owner thereof. Tlie assessors 
may re(iuire the forest warden of the city or town to 
give sucli assistance as may be necessary. ()wner 
may appeal or request arbitration of assessors' 
valuation.- — Such determination shall he final and 
conclusive unless the owner shall forthwith file with 
the assessors either a notice of an ajipenl to the state 
forester or a written request for an arbitration. Such 
appeal or arbitration may be had as to the amount 
or stumpage value of wood, or both. State forester 



' See Table of .\ets, on p. \1\. 



18 



STATE FORESTRY LAWS MASSACHUSETTS. 



PART IV— Contd.] 

makes final determination on appeals — Costs. — 

t'lion siK-b iippeal the sliite forester or liis assistant 
shall, after inspection, make final (leterminatinn 
thereof and an order as to costs. Arbitrators' find- 
ings final under arbitration — Costs. — If arbitration 
be reqnested, the arbitration shall be by three dis- 
interested ijersous, one to be chosen by the owner, one 
b.y the assessors, and the third by the agreement of 
the two thus chosen ; and the decision of the arbi- 
trators shall be final and conclusive. The fees and 
expenses of the arbitrators shall be paid by the city or 
town, and one-half the amount thereof shall be as- 
sessed upon the land and included in the next war- 
rant committed b.y the assessors to the collector of 
taxes for the collection of forest-product tax. 

6. Under regulations prescribed by the tax com- 
missioner. — Under such regulations as the tax com- 
missioner may prescribe, owners of land may, with 
the written consent of the tax commissioner, be ex- 
empted from the requirements of this subsection ; and 
the afore.said regulations shall govern the determina- 
tion of amounts and stumpage values of wood for the 
assessment atid levy of forest-product tax. [L. 1914, 
ch. 598, sec. S(b).] 

21. Final determination of assessment. 

o. Owner reports annually amount and value of 
wood cut, and of other products sold from the 
land. — Except as provided in subsection (e) of this 
section," every owner of land classified under this act 
shall, on or before the first day of May in each year, 
report to the assessors of the city or town in which 
tlie land is situated, under oath, in such form as the 
tax commissioner sliall from time to time prescribe, 
the gross amount and stumpage value of all wood 
cut from the land during the twelve months preceding 
the first day of April, as well as the gross amount 
of all other products of the land and such other in- 
come deriveil from the land as does not constitute 
ai. element determining the value of the land for tlie 
purijose of assessing forest laud tax. Values de- 
fined. — In the case of wood, the aforesaid value 
shall be the stumpage value, and in other cases it 
shall be the fair cash value. [L. 1914, ch. 598, sec. 
8(a).] 

b. Assessors revise owner's report, and notify 
owner of results. — They [the assessors] shall receive 
as true the reports required in subsection (a)' of this 
section except as such repoirts may be revised in ac- 
cordance witli the i)r-ovisi(ins of subsection (b),' but, 
upon information, may add tiiereto the vaUic of any 
products not reported, and, upon information, may 
revise the amount and valuation of jsroducts other 
than wood and of the other income derived from 
classified land. Notification of all assessments shall 



' See Table of Acts, 



p. 21. 



be sent to all taxable persons not later than the first 
day of (September in each year, and * * * 

c. Owner may apply for abatement of assessments 
oil other than timlior products. — * * * taxable 
I>ersons aggrieveil by such assessments, other than 
assessments of wood, may apply for an abatement 
thereof in the manner provided by sections seventj'- 
two to eighty-two, inclusive, of Part I of chapter 
four hundred and ninety of the acts of the year nine- 
teen hundred an<l nine and acts in amendment therer)f 
and in addition thereto.' [L. 1914, ch. 598, sec. 8(d).] 

22. The tax assessed and levied. 

a. Under ordinary circumstances. — Except as pro- 
vided in .suDsi'Ltion (e)' of this section, the asses.sors 
of each city or town shall annually, between the first 
day of April and the last day of July, assess and levy 
a forest-product tax upon the persons or coi'porations 
owning classified land upon the first day of April in 
such year. [T,. 1914, ch. .598, sec. 8 (d).] 

li. When classification has been canceled. — (For 
text, see IV, 11.) 

23. Rates of the lax. 

Except as provided in subsection (e)'' of this sec- 
tion, forest-product tax shall annually be assessed and 
levied upon the gross value of all wood, other products 
and otlier income ascertained as provided in subsec- 
tions (a), (b), and (d) of this sectiou,^ at the follow- 
ing rates: — For wood cut or other products or income 
derived from the land prior to the first day of April, 
nineteen hundred and nineteen, the tax thereon shall 
be one per cent ; from said first day of April, nineteen 
hundred and nineteen, to the thirty-first day of March, 
nineteen hvuidred and twenty-four, inclusive, two per 
cent; from the first day of April, nineteen hundred 
and twenty-four, to the thirty-first day of March, 
nineteen hundred and tw'enty-nine, inclusive, three 
cent; from the first day of April, nineteen hundred 
and twenty-nine, to the thirty-first day of March, nine- 
teen hundred and thirty-four, inclusive, four per cent ; 
from the first day of April, nineteen hundretl and 
thirty-four, to the thirty-first day of March, nineteen 
hundred and thirty-nine, inclusive, five per cent ; and 
on and after the first day of April, nineteen hundred 
and thirty-nine, six per cent. [L. 1914, ch. 598. sec. 
8 (c).] 

24. Exemption from the tax. (Removal of 
wood for personal use, etc.) 

Any owner, other than a corporation, of classified 
lands may remove from such lands annually an 
amount of wood n(>t exceetling twenty -five dollars in 
stumpage value, without making the reports, giving 
the notifications, or being liable for the tax required 

' See volumes of Session Laws. 
' See Table of Acts, on p. 21. 



STATE FOKESTKY LAWS MASSACHUSETTS. 



19 



PART IV— Contd.] 

ill subsections (a), (b), (c), iiiid (d) of tliis section:' 
I'rnvidcd, That the wood is for his pei'sonal use or 
for the use of iiis tenant. Such wood may subse- 
iiuently be sold upon maJtinK the aforesaid reports .'ind 
paying forest-product tax thereon. [L. 1914, cli. oOS, 
sec. 8 (e).] 

25. The payment of the tax is secured by. 

(I. A lien on the land, etc. — Forest-product tax shall 
be a lieu iipim the land in respect of the product or 
income from which it was assessed, and shall be col- 
lected in the manner prescribed in said chapter four 
hundred and ninety: * * * 

h. [Hi.] A cash deposit or bond. — * * * I'ro- 
ridcd. That if the assessors of the city or town, to 
insure the collection of said tax. deem it necessary, 
they may re<|uire of the owner either a cash deposit 
of the amount of forest-product tax as estimated by 
the assessors, or, at his option, a bond with good and 
snltieient sureties conditioned upon the payment of 
the tax when levied. When such demand is made, the 
wood in respect of which forest-product tax is pay- 
able shall not be removed from the land until the 
owner has complied with said demand, and any person 
who shall so remove said wood shall be liable to a 
tine of not more than five hundred dollars or to impris- 
ciiiment for not more than sixty days, or to both such 
line and imprisonment. In default of deposit or 
bond, the lien is direetly upon the wood or other 
lirodnct, so long us it is held bj owner, or by a re- 
ceiver with knowledge of such default. — Forest 
product tax shall constitute a lieu upon the v\do(l or 
oilier product in resjiect of which it was assessed for 
so Ions as the wood or other iiroduet is in the posses- 
siiiu of the owner of the land from which it was pro- 
duced, or of a person takinsr the same with kuowledw 
I hat the assessors have reqnii'cd security for the tax 
and that such security has not been given; and any 
person taking said wood with such knowledge shall he 
liable for the amount of the tax. [L. 1914, ch. 598, 
sec. S (f).l 

IT 2.] Also in eases of sale or other conveyance 
of the classified land. — Not less than ten d.iys before 
I lie sale or conveyance of classified land upon which 
forest-product tax has accrued or has been assessed, 
the owner of (he land shall notify the assessors of the 
city or town in which the land is situated of the con- 
ic iiipl.ited transfer, and the assessors may. if they 
(livm it necessary to insure the collectiou of the tax, 
rcciuirc of the owner either a ca.sh deposit of the 
:iiiioiiiit of forest-product tax estimated to have ac- 
1 lued or actually asse.ssed, or, at his option, a bond 
Willi good and sufficient sureties conditions upon the 
pa.Miient of the tax. [L. 1914, ch. 598, sec. 10.] 

' See Table of Acts, on p. 21. 



26. Portion of the tax paid to the State. 

In dctcniiiiiing the basis for the apportionment of 
slale and county ta.xes subsequent to the passage of 
this ;ut. the tax conuni.ssioner shall not include in 
the valuation of property subject to taxation in any 
lily or town, the valuation of trees slanding upon land 
ilassilicd under this act. Of the Whole amount of 
forest-jiroduct tax levied and assessed iu any city or 
town, ten jier cent shall be for the use of the Comraon- 
uealth, .-md the treasurer of each city or town shall, 
i".i or liefore the fifteenth day of November in each 
ye;ir. [lay to the treasurer and receiver general of the 
Commonwealth the said proportion of forest-product 
tax. [L. 1914. ch. 59S. sec. 15. J 

GENERAL DUTIES OF OFFICERS. 

27. Tax commissioner and assessors,' 

<r. Tax commissioner instructs assessors, pre- 
scribes forms, and publishes data.— The tax c(mi- 
uii.ssioiier shiijl from time to time prepare instruc- 
tions which shall be followed by the assessors of the 
cities and towns in the assessment and levy of the 
taxes authorized by this act,^ and shall prescribe 
such forms and procedure as he may deem necessary 
for the administration of said taxes. He .shall com- 
pile and cause to be printed annually in the aggregate 
returns required by section sixty-two of Part I of 
chapter four hundred and ninety of I lie acts of the 
year nineteen hundred and nine the information fur- 
nished by the assessors of the various cities and towns 
In accordance with the iirovisions of section thirteen 
of this act.^ 

Ii. Procnreuient of statenienis from owners of 
lands. — He m.-iy .-ilso v.tW upon iMdividimls. linns or 
i-orporatioiis owning land classilinl under this act 
for a statement of the ;iiiioiiiit and \.iliic of the wood 
or otlier products and incoini' derived Irinri such land, 
and may examine the books, acconnis and iiapers of 
snch individuals, firms and corporations so far as may 
be necessary for the verification of the said statement. 
[L. 1914, ch. .TOS. sec. 14. J 

c. .\nnnal reports by assessors. — The assessors of 
eacli city and town shall aiiiinnlly report to the tax 
comniissioner, in such form as he shall from time to 
time prescribe, the following iiiforiii:!l imi : — 

The amount of land classified in a<-cordaiice with 
the provisions of this act |a |. 

The valuation of .said lan<l for the assessment and 
levy of forest-l:ind tax |b|. 

The amount of forest-land tax levied and asse.ssed 
[c]. 

1 In addition to these genoial. supervisory duties of the 
tax commissioner and assessors, tliey both have certain 
specific duties connecte.l wilh the classification and taxation 
of forest lands. (See IV, 5, et aeq.) 

- See Table of Acts, on p. 21. 



20 



STATE FOBESTBY LAWS MASSACHUSETTS. 



PART IV— Contd.] 

The amount of forest-coniiuutation tax levied and 
assessed [d]. 

The amount and valuation of wood and the value 
of other forest products and income upon which 
forest-product tax is levied and assessed [e]. 

The amount .of the forest-product tax levied and 
assessed [f]. [L. 1914, ch. 598, sec. 13.] 

28. State forester and forest wardens. 

Note. — «. State forester. — The state forester 
takes action on appeals fmin decisions as to suit- 
ability of lands fur classitication (IV, .56), aud 
from estimates and valuations for forest-product 
tax (IV, 20(1 ; lOh. par. 2). He may also enforce 
cancellation of classification of lauds (IV, 11). 

1). [H 1.] Forest wardens. — Forest wardens as- 
sist in <lassiti( atiou of lands (IV, 5a) and in de- 
termining <(>inmutation-tax valuations (IV, 18a, 
b ) and forest-product tax valuations ( IV, 20« ; 
10&, par. 1). 

[K 2.] Compensatlon.^For services rendered 
under the provisions of sections two,' seven,' 
eight,' and twelve,' the forest warden of a city or 
town shall receive from the city or town the 
compensation provided by section tweuty-three of 
chapter thirty-two of the Revised Laws.' [L. 
1914, ch. .598, sec. 21.] 

FORESTRY RESTRICTIONS. 

29. Seeding- or planting, in the absence of 
natural lestocking, required. 

a. On areas devoid of tree growth at time of 
elassiflcation — Time limit — Extension of time. — 

Owners of classified laud shall, within three years 
pfter the date of classification, seed or plant any i)arts 
of such tracts that are suitable for seeding or plant- 
ins and have not been naturally restocked: Provided, 
llial with the written approval of the state forester 
the time for seeding or planting may be extended. 
The state forester shall from time to time make regu- 
lations to insure such seeding or planting, which reg- 
ulations shall permit any approved forestry methods 
and shall not require the expenditure of more than 
ten dollars per acre. [L. 1914, ch. 598, sec. 17.] 

h. On areas subsequently cleared. — Whenever any 
area of classified laud equal to or in excess of three 
acres in extent is cleared of trees, the owner thereof 
shall either leave a suitable number of trees to pro- 
vide for the reseeding of the tract ; or shall, unless 
the land is naturally restocked within two years, re- 
seed or plant the land in accordance with the afore- 

' See Table of Acts, on p. 21. I 



said regulations.' If the owuer shall elect to leave 
seed trees, and the land is not naturally restocked 
therefrom within a period of three years thereafter, 
the owner shall reseed or plant the laud or parts 
thereof, in accordance with the aforesaid reguhitious 
of the state forester.' In either of the above cases 
the state forester may extend the time for reseeding 
or planting. [L. 1914, ch. 598, sec. 18.] 

30. Slash disposal required after cutting. 

When trees are cut from any classified land, the 
owner of the land shall make such disposition of the 
slash as may be required by such regulations as the 
state forester shall from time to time prescribe: 
Provided, That such regulations shall permit of any 
approved forestry methods. [L. 1914, ch. 598, sec. 19. i 

31. Regulations by State forester concerning 
seeding, planting, and slash disposal. 

(f. Issued. — The state forester shall from time to 
time issue such regulations as are required by sec- 
tions seventeen aud niueteen of this act.^ and shall 
furnish copies thereof free of charge to the clerks, 
assessors aud forest wardens of the cities and towus 
of the Commonwealth and to such other persons as 
may apply therefor. [L. 1014. ch. 598, sec. 16.] 

b. Carried out by State forester in default of 
owner doing so — Owner liable for expenses. — If any 
owner of classified land fails to comply with the 
regulations of the state forester as to the seeding 
and planting of the land or disposal of slash re- 
quired under sections seventeen to nineteen, inclusive,' 
the state forester may cause the laud to he thus 
seeded or i>laiited or such slash to be disjiosed of, 
and the owner of the land shall be liable to the Com- 
monwealth for the expense thereof: Provided, That 
such planting shall not exceed in cost ten dollars per 
acre. IL. 1914, ch. .598, sec. 20.1 

c. Penalty for noncompliance tlierewith is can- 
cellation of classification. — (For text, see IV. 11.) 

GENERAL PENALTY UNDER ACT. 

32. Fine for violation of requirements. 

Any person violating any requirement of this act " 
for which no specific penalty is provided sh.tll be 
punished by a fine of not more tluiu one hunilrcd dol- 
lars. [L. 1914, ch. 598, sec. 23.] 



' See sulisectioa a of this section. 
• See Table of .\cts on p. 21. 



STATE FORESTRY LAWS MASSACHUSETTS. 

TABLE OF ACTS. 



21 





Equivalent references' in 








Equivalent references' in 


statutory references. 


this compilation. 
(Serial 1.) 


Statutory references. 




this compilation. 
(Serial 1.) 


Coie. 




Session £ows— Continued. 






Rev. Laws, 1902, ch. 25, sec. 17 


11,16. 

m. 9 (H 1); 12a (tl); 10a; 


Laws 1910, ch. 398 sec. 


2 




II, 14 (12). 


ch. 2S, sec. 23 


ch. 478 






Ii;22. 




9(12). 


Laws 1911, ch. 244, sec. 


3 




11, 20e(12);ig6. 


24 


111,9 (footnote). 


ch. 722, sec. 






U 1(11).' 
II, 1 (12). 


25 


m, lla,6. 








26 


Ill, 126. 








II, 11. 


27 


ni, 106. 


Laws 1912, ch. 419, see. 






II, 23c. 


28 


Ill, 12a (12). 








11,236(11). 


29 


Ill, 12i: (11). 








II, 200. 6(11), d (11), c. 


eh. 32, sec. 16 


II, 2;4o. 








Ii;20d(12). ' 


19 


11,6*. 


ch. 577, sec. 






I.3c(11). 


20 


11,9(11). 


Laws 1913, eh. 564, see. 






Ill, llo, 6. 


21 


n,9(i2). 








Ill, 126. 


22 


II, 17 (footnote 3). 








Ill, 106. 


23 


II, 3a. 








in, 12c (11). 


24 


II, 19o. 








Ul,12c(12). 


25 


II, 17. 


ch. 600, sec. 






II, 2; 40. 


ch.20S,sec. 5 

7 


II,23o. 
11,23c. 

it 236 (11). 


Laws 1914, ch. 101, see. 






11,33. 
II, 34. 


8 








II, 35. 


9 


II, 236 (12). 


ch. 262, sec. 






11,14(11). 

IV, i( Preamble), 0,6; 2. 


124 


11,21. 


ch. 598, sec. 
















IV, 3 (ID; 4; So, 6. 


Session Laws. 










IV, 5c. 

IV, 5d: 6o, d, 6, c. 


Laws 1904, ch. 409, sec. 1 


1, 1(11): 2; 9; 1(12). 








IV, 120. 


2 


I, 3 (Preamble), a (11), 








IV, 13. 




d; 10: 36, a (12). 




7 Preamble. 


rv, 14 (Preamble). 


3 
4 


I, 3c (11). 
1,4. 




Subsec 


(a) 
(6) 


rv, 140. 
IV, 146. 


5 


1,7. 






c) 


IV, 14c. 


6 


1,6. 






(d) 


IV, 14d. 


Laws 1905, ch. 211, sec. 1 


1,7. 






[/^ 


IV, 15. 


Laws 1906, ch.463,p.II,sec.247 


II, 30a; 3L 






rv, 16. 


Laws 1907, ch. 299. 


II, 10. 






(9) 


IV, 18a. 


ch. 431, sec. 1 


II,26a,6,c,d. 






(A 


IV, 186. 


2 


11,27. 






(■•) 


IV, 18c. 


3 


II, 32a. 






(i) 


IV, 19. 


4 


11, 326. 




8 Preamble". 


IV, 20 (Preamble). 


5 


U, 28. 




Subsec 


(a) 


IV, 210. 


6 


11,29. 






(6) 


IV, 20a, 6. 


Ch. 473, see. 2 


1,6. 






(c) 


IV, 23. 


ch. 475, sec. 2 


II, r«:7: 1, U; 11,8:46. 






(d) 


IV, 22o: 216, c. 


3 


11,9(11). 






(f) 


IV, 24. 


4 


11,36. 






(/) 


IV, 250, 6 (11). 


5 


11,5. 




9 




IV, 8a, 6, c. 


li 


11, 6C. 




10 




IV, 9: 256 (12). 


7 


11,23d. 




11 




IV, 17. 


8 


II, 15. 




12 




IV, 10a, 6(11,2),c, d. 


Laws I90S,ch. 209, .sec. 1 


II, 20a, 6(11), d (ID, c. 




13 




IV, 27c. 


2 


11, 206 (12) 




14 




IV, 27a, 6. 


3 


II,20f (11). 
11, 20<i(12). 




15 




IV, 26. 


4 




16 




IV, 310. 


5 


II. 20c (12): 196. 

III, So. 




17 




IV, 290. 


Ch. 478, sec. 1 




18 




IV, 296. 


2 


Ill.Ca. 




19 




IV, 30. 


3 


111,56:06. 




20 




IV, 316; 11. 


4 


Ill, 7a (11). 




21 




IV, 286 (12). 


5 


Ill, 76. 




22 




IV, 3 (12). 


6 


Ill, 8. 




23 




IV, 32. 


7 


I, 3c (12). 




24 




rv, 12c (footnote 2). 


8 


Ill, 7a (12). 




25 




IV, 12c. 


Laws 1909, ch. 187, sec. 1 


IV, 126. 




26 




IV, 7. 


ch. 214, .sec. 1 


Ill, 5a. 




27 




rv. 1 (footnote). 


ch. 2('i3, sec. 1 
ch. 394, .sec. 1 


1, 1(11); 2; 9; 1(12). 

li,30Kll). 

II, 306 (12). 


ch. 720, sec. 


1 
2 




IIl',10,C. 

Ill, Id. 


2 




3 




Ill, 2o, c. 


ch. 422, sec. 1 


II,25(jl). 




4 




Ill, 26. 


2 


11, 2.'i (13). 




5 




lU, 4. 


3 


11 25 (^]2). 

IV, 12c (footnote 2). 




6 




Ill, 3o, 6; \J>. 


ch. 437, sec. 7 


Laws 1915, ch. 162, sec. 


1 




111,9(11); 12o(1D;10o;9 


Laws 1910, ch. 153, sec. 1 


1,5. 








(12). 


ch. 398, sec. 1 


U,14(11). 











' References are given in the order in which the subject matter occurs in the original text. In reconstructing the text of any act herein compiled, 
bracketed mitter found introducing a section or paragraph should be ignored, since the material has already been presented elsewhere in its proper 
relition to the original text of the act being reconstructed. (See above, L. 1906, ch. 463, p. II, sec. 247.) 



WASHINGTON : OOTERNMBNT PRINTING OFPICB : 1916 



Diitc of issue, June S, 1917 



UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 
Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification showing the comparative progress of each Slate in forestry legislation 

NEW HAMPSHIRE 

(Serial 1— Through Reg. Sess.. 1915) 

('(jmpiled in the Otlico of .State i'noperali'm liy .leimnie S. Peyton 



CONTENTS. 



Purpose of compilation 

I 'art I. — Administration 

Forestry commission 

State forester 

District chiefs 

Tart II.— Fire protection 

Forestry commission 

State forester 

District chiefs 

Forest fire wardens and deputy forest fire wardens. 

Fish and game wardens 

Other officials and citizens 

Expenditures 

State >. 

Towns, cities, and unincorporated places 

Kindling fires in the open 

Permit restrictions 

Other precautionary restrictions 



Part II— Continueil. 

Railroads 

Liability 

Erap!o5'ees 

Portable steam mills 

Compulsory brush and slash disposal 

Incident to lumbering 

Incident to pubi ic works 

Legal procedure 

Criniinal 

Civil 

Part III. — Public forests 

State forests 

Other State lands 

Lands acquired for purpose of reforestation. 

Mimicipal forests 

Part IV.— Taxation 

Rebate of taxes to encourage forest planting 

Table of nets 



PURPOSE OF COMPILATION. 

Information about the forestry laws of the various States, es|)oeially about those hiws 
(h^aUng; with certain spoeific probknns, is being demanded more and more; and requests for 
such information, coming from k>gislators, State administrative oHicers, forestry iissociations, 
forest schools, and other bodies and individuals, have led to tlie compilation, informally, of 
such State laws lus bear more or less directly on the practice of forestry. 

The purpose of the compilation, of whidi this serial is a part, is to make easy a comparative 
study of the laws of the different States and to further the development of practical forestry 
legislation. By the classification of the laws and parts of laws under the headings, "Admin- 
istration," "Fire Protection," "Public Forests," and ''Taxation,'' the comparison is sim]>li- 
fied, and the progress of each State, or lack of it, in these particulars is clearly shown. 

The better to accomplish this educational aim, the great ma-ss of timber and tree laws and 
those finer points of reference proper only to a legal or administrative maimal have been omitted. 
Boldface type indicates explanatory matter not a part of the text; italic indicates cross- 
references. 

In order to facilitate the work of reconstructing the acts and parts of acts herein compiled 
and analyzed, a Table of Acts is added, on page 13, showing the order in which the subject 
matter occurs in the text of the acts, in their present revised form. 

88430—17 1 



^m 



STATE FORESTRY LAWS NEW HAMPSHIRE. 



PART I.— ADMINISTRATION. 

(This part comprises tlie provisions of law, if any, defining tlic general administrative duties of the regularly constituted State forestry officials-, 
also certain miscellaneous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other State officers in 
connection with f irest fires. Stiite and niuniri|ial forests or other State lands, or forest taxation, see Parts II, 111, and \\ , respectively.) 



FORESTRY COMMISSION.' 

1. Created — Personnel — Term of Office. 

On the fir.'it day nf May, 1009, tlie governor, with tlio 
advice of thP I'oimcil, shall appoint a forpstry commi.ssion 
of three inembers, one of whom shall hold office for one 
year, one lor two years, and one tor three years, and there- 
after shall appoint their successors for terms of three years 
each; [No compensation — Expenses. — ] the said commis- 
sioners to serve withrjiit compensation, but to receive for 
their legitimate expenses in the exercise of their duties 
such sums as the governor and council shall audit and ap- 
prove, to be paid from the treasury upon warrant of the 
governor. '[L. 1900, ch. 128, sec. ].] 

2. Contracts with Nurserymen, in Behalf of Landowners, 

for Forest Tree Seeds and Seedlings. 
In order to facilitate the planting of trees as hereinliefore 
provided.^ the forestry commission is hereby authorized 
and directed to contract, without expense to the state, 
upon terms to be approved by the governor and council, 
with reputable nurserymen to provide, at a price to be 
determined upon, seeds and seedlings of timber or forest 
trees, to landowners for planting within this state in ac- 
cordance wth the terms of section 1 of tliis act.^ [L. 1903, 
ch. 124, sec. 3 [2].] 

Other Duties. 

Appoints State forester. (See I, 3 HI.) 
Supervises all forestry work. (See I, 4.) 
Approves employment of assistants by State forester. (See 
1,5.) 
Reports biennially to the governor. (See I, 10.) 
Executive o.fficer of, is the State forester. (See I, 4.) 

STATE FORESTER. 

3. Appointment — Term of Office — Salary and Expenses. 

H 1. The forestry commission shall appoint a state for- 
ester to serve at the will of the commissinn at a salary lo 
be fixed by them not exceeding .$2,500 a year. Traveling 
expenses. — H 2. * * * [he] shall Ije allowed reason- 
able travelipg field expenses and office expenses in the 
necessary performance of his official duties and * * * 
[L. 1909, ch. 128, sec. 2; * * *; L. 1913, ch. 1.59. sec. ].] 

4. Acts as Executive Officer of the Forestry Commission. 

The state forester shall, under the supervision of the 
forestry commission, execute all matters pertaining to 



' Certain nonforestry duties are also conferred upon the forestry com- 
mission in coimection with the tracts known as Cathedral and White 
Horse ledges. (See ch. 9, L. 1913, In volume of Session Laws.) 

2 See IV, 1. 

■' This provision appears to have fallen into disuse since the establish- 
ment of a State forest nursery provided more competent means of attain- 
ing the same ends. (See I, 9.) 



forestry within the jurisdiction of the state, and * * » 
[L. 1909, ch. 128, sec. 2; * * *; L. 1913, ch. 159, sec. l.J 

5. Hires Assistants. 

* * * within the limits of the appropijiation, [he] may 
hire such field and office assistants as in the judgment of 
the commission is necessary for the proper execution of 
his duties, and * * * [L. 1909, ch. 128, sec. 2; 
* * *; L. 1913. ch. 1.59, sec. 1.] 

6. Gives Courses in Forestry, and Conducts Exhibits at 
Fairs. 

He shall, as far as his oflier duties may permit, c^rry on 
an educational course of lectures witliin the state, and 
may conduct exhibits on forestry at fairs within the state. 
[L. 1909, ch. 128, sec. 2; * * *; L. 1913, ch. 159, sec. 1.] 

7. Conducts Forestry Investigations, and Publishes Lit- 
erature on the Subject. 

He may, under the direction of the forestry commission, 
conduil investigations within the state on forestry matters 
and publLsh for distribution literature of scientific or 
general interest pertaining thereto. [L. 1909, ch. 128, 
sec. 2; * * *; L. 1913, ch. 1.59, sec. 1.] 

8. Cooperates with the Following: 

a. With the Federal Government. — [The State forester] 
upon terms approved by the forestry commission, may 
enter into co-operation with departments of the federal 
government for the promotion of forestry work witliin the 
state. [L. 1909, ch. 128, sec. 2; * * *; L. 1913, ch. 
159, sec. 1.] 

6. With counties, towns, corporations and individuals. — 

Til. The state forester shall, upon request and whenever 
he deems it essential to the .best interest of the people of 
the state, co-operate with counties, towns, corporations, 
and individuals in preparing plans for the protection, 
management, atid replacement of trees, woodlots, and 
timber tracts, on consideration and under an agreement 
that the parties obtaining such assistance pay his field ex- 
penses wliile he is employed in preparing said plans. 
[L. 1909, ch. 128, sec. 3.] 1[2. The state forester, under 
the direction of the commission, may execute free of 
charge to counties, municipalities, and public institu- 
tions owning land suitable for reforestation, a planting 
plan for the reforestation of such land, and may furnish 
trees free of charge, arrange for and supervise the planting 
of such land and any other land suitable for reforestation 
owned or acquired by the state; provided, that in the case 
of land owned by cotmties or municipalities, the said 
counties or municipalities shall pay the cost of planting 
the trees furnished by the state, shall protect and care for 
them as recommended by the state forester, and, when 
required, shall furnish the state forester with information 



r 



i-iBfWRy OF congVsT 



STAl'E FORESTRY LAWS NEW HAMPSHIRE. 



PART I— Contd.) 

as to the condition and growth of the trees. [L. 1915, ch. 

163, sec. 3.] 

c With the management of municipal forests. (See 
III, 9.) 

9. Establishes and Maintains State Forest Nursery. 

Acquirement of land. The state fore.-iter, under the 
supervision of tlie forestry commission, is hereby empow- 
ered to acquire in the name of the state suitabh> land and 
maintain the same as a state forest nursery. Manage- 
ment. — He shall rai.se seedling trees of useful varieties for 
planting and shall, on terms approved by the commis- 
sion, sell said seedling trees to persons who desire to 
plant them within the state. He may under the super- 
vision of the commission enter into agreement with per- 
sons or institutions to grow seedling trees to be disposed of 
as above prescribed, if the commission deems it expedient 
80 to do. [L. 1909, ch. 128, sec. 23; L. 1911, ch. 166, 
sec. 2.] Revenues reinvested in the nursery. — (See III, 3.) 



10. Makes a Biennial Report, Recommendations, and 
Statement of Expenses, 
lie shall, under the direction of the forestry commis- 
sion, prepare biennially a report to the governor on the 
progress and condition of state forest work and recommend 
therein plans for improving llie state system of forest pro- 
tection, management, replacement and extension. Such 
report shall contain an itemized statement of all expenses 
incurred or authorized by tlie state forester or by the for- 
estry commission. (L. 1909, ch. 128, sec. 2; * * *; 
L. 1913, ch. 159., sec. l.j 

Other Duties. 

Directs and aids offirers and employees in generul forestry 
work. (See II, 2.) 

DISTRICT CHIEFS. 

Duties. 

Perform such duties in the protection, improvement and 
extension of forests, as the State forester and the forestry com- 
mission may direct. (See 11, 9.) 



PART IL— FIRE PROTECTION. 



(This part comprises the generul provisions oi law, it an.v, concerning 
ing protection of State-owned lands, see Part III. ) 

FORESTRY COMMISSION. 

Supervisory Duties. 

Directs the N tal^ forester us to the dirision of the State into 
fire districts. ( S ee 1 1 , 1 . ) 

Fixes il'ages and erpenses of the district chiefs. (See 11,8.) 

Fixes remuneration of forest fire wardens and deputy forest 
fire wardens, in conjunction with State forester. (See II, 11 .) 

Instructs wardens and other employees as to cooperating 
with railroad deputy forest fire wardens, and giving iiotife of. 
and combating fires alcmg railroad rights of nay. (See T 1 , 16.) 

Files complaint in cases of neglect or refusal of wardens or 
deputy wardens to perform duties. (See II, 19.) 

Acquires lands under power of eminent domain, for observ- 
atory sites and rights of way in connection with lookout sta- 
tio7is. (See II, 4c.) 

Assists public service commission in enforcing the railroad 
forest fire act.^ (See II, 6a.- 29.) 

Enforces requirements us to brush and slash disposal adja- 
cent to rights of way of railroads and highways. (See II, 35.) 

STATE FORESTER. 

1. Divides the State into Fire Districts. 

The state forester .shall, under the direction of the for- 
estry commission, divide the state into not more than four 
fire districts, fixing the boundaries of such districts ac- 
cording to efficiency of super\'ision, and * * *. [L. 
1909. ch. 128, sec. 6; * * *; L. 1913, ch. 159, sec. 2.] 

2. Directs and Aids Forest Fire Officers in their Work. 
It shall be the duty of the state forester to direct, aid 

and cooperate with all district chiefs, forest fire wardens 



1 L. 1913, ch. 155. (See table, on p. 13.) 



protectiim from forest tires. For locahzed jirovisions. if any, concern- 

and other employees of the state as provided for in lliis 
act' and see that they take such action as is authorized 
by law to prevent and extinguish forest fires and do other 
work wliich the forestry commission may undertake for 
the protection, improvement and extension of forests. 
(L. 1909. ch. 128. sec. 2; * * *; L. 1913. ch. 159, sec. l.J 

3. Employs Various Means to Prevent and Extinguish 

Fires. 
Establishes supply stations for fire-fighting apparatus. — 

For the purpose of prevention of fire, the state forester 
may establish at advantageous points throughout the 
state supply stations for tools and apparatus used iu fire 
fighting and provisions necessary 1" men employed; 
[Makes maps for use of district chiefs, and wardens. — ] 
make proper map? for the use of (lislrict chiefs and forest 
fire wardens, [Builds fire trails and fire lines. — ] build fire 
trails and fire lines; [Employs patrolmen.— ] employ paid 
patrols at suitable points and at iiecessary times, and 
[Uses other means needed. — ] use other means as seem 
advisable to the commission within the limits of the 
appropriation. [L. 1909, ch. 128, sec. 2i;; 1.. 1911. ch. 166, 

4. Acquires and Maintains Lookout Stations. 

a. Existing stations — Purchase of equipment.— The 
state forester, with the consent of tl;e forestry commis- 
sion, is empowered to purchase in the name of tlie state 
the equipment of the pre.sent mountain lookout stations 
and U) maintain such stations thereafter, and * * * 

b. Additional stations. — [The State forester, with the 
consent of the forestry commission, is empowered] to es- 

I See talile, on p. 13. 



STATE FORESTRY LAWS NEW HAMPSHIRE. 



I'ART Il-Contd.) 

tablish and maintain additional mountain lookout sta- 
tions connected by telephone lines to be used for the dis- 
covery and control of forest fires, and * * * 

c. Acquires, in connection with stations, observatory 
sites and rights of way, by gifts, purchase, or power of 
eminent domain —[The State forester] shall have the 
right to receive and hold in the name of the state gifts of 
land for obsei-vatory sites and rights of way for paths and 
telephone lines. If obsen-atory sites or right*! of way 
necessary for the maintenance and effective operation of 
InoK-dUt stations cannot be acquired by gift or purcha,se. 
the foieslry commission shall have the right to acquire the 
same under the power of eminent domain, [Determination 
of values.— ]and the value thereof shall be determined as 
in the case of lands taken for Inghways, with the same 
rights of appeal and i\n-y trial. [L. 1909, eh. 128, sec. 24; 
L. 1911. ch. Km, sec. -j. j 

(I. Cooperates with forestry departments of adjoining 
States in establishing and maintaining stations. — The 
state forester may co-operate with the forestry departments 
of the states of Maine, Massachusetts, and Vermont in the 
estaliUshment and maintenance jointly of lookout stations 
serving New Hampsliire ami any of the other said states. 
|L. 1909. ch. T2S. see. i\\ I,. 1911. ch. Kid. sec. 2; L. 1915, 
ch. 12, sec. 1,1 

5. Calls Conferences of the Forest Fire Wardens, and 

Deputy Wardens, and Employees. 
\ 1. The state forester, under the directinu nf tiie for- 
estry commission, may call conferences of the forest fire 
wardens, deputy forest fire wardens, and other employees 
of the forestry department in different sections cjf the 
state for the purpo.se of impriAing the ,ser\ice. Secures 
attendance of expert foresters from without the State. — 
^2. He may, with the consent of the forestry commission, 
s.^cure the attendance at such conferences of expert for- 
esters from without the state, * * * [L. 1909, ch. 128, 
sec. 25; L. 1911, ch. 16G, sec. 2; L. 1915. ch. 127, sec. 1.] 

6. Assists Public Service Commission in Enforcing the 

Railroad Forest Fire Act.' 

a. Enters upon railroad or other property, when neces- 
sary-Reports to Public Service Commission. — The for- 
estry commission or its authorized agents shall have the 
right to enter upon railroad or other property to ascertain 
facts in regard to the carrying out of this act.' and from 
time to time shall report such facts to the jmblic seivice 
c(jmmis.sion. [L. 1913, ch. 155, sec. 5.] 

h. Furnishes information in cases concerning right of 
railroads to clear adjacent lands. (See II. 29.) 

Additional Duties. 

Appoints district chiefs. (See II, 7.) 
Appoints and removes forest fire wardens, and deputy for- 
est fire wardens: 

a. In towns and cities. (See II, 10a.) 

6. In unincorporated places. (See II, 106.) 

c. In connection with railroad operations. (See II, 32.) 



Acts in conjunction with the forestry commission in fixing 
the remuneration of forest fire vardms and deputy vardens. 
(See II, 11.) 

Directs patrol of woods by forest fire wardens and deputy 
wardens. (See II, 12.) 

Audits and approves expense accounts of wardens and dep- 
uty wardens for preventing and fighting fires in unincorpo- 
rated places. (See II, 156.) 

Regulates waking of reports by forest fire icardens and dep- 
uty wardens. (See II, 18.) 

Enforces the use ofsparh arresters on portable steam mills. 
(See II, 34.) — Prescribes form for report upon examination 
of mills. (See II, 17.) 

Arrests violators without warrant, and lodges complaint 
against them. (See 11, 37a, 6.) 

Reports cases of violations of fire laws to the attorney gen- 
eral of the State. (See 1 1 , 38 . ) 

DISTRICT CHIEFS. 

7. Appointment— Term of Office. 

[The State forester, under the direction of the forestry 
commission] may appoint a district chief in each [fire] dis- 
trict.' Said district chiefs shall serve at the will of the 
state forester and * * * 
[L. 1909, ch. 128, sec. 6; * * *; L. 1913, ch. 159, sec. 2.] 

8. Wages and Expenses. 

[The district chiefs] shall be allowed stich wages and ex- 
penses as may be fixed by the forestry cpmraissiou within 
the limits of the appropriation. [L. 1909, ch. 128, sec. 6; 
* * *; L. 1913, ch. 159, sec. 2.] 

9. Direct Wardens and Deputies, and Perform Other 

Duties. 
It shall be the duty of the district chief to assist the 
state forester in directing and aiding all forest fire wardens 
and deputy forest fire warden[s] in his district in the per- 
formance of their duties and to perform such duties as the 
state forester and forestry commission may direct in the 
protection, improvement, and exten.sion of forests. [L. 
1909, ch. 128, sec. 6; * * *; L. 1913, ch. 159. sec. 2.] 

FOREST FIRE WARDENS AND DEPUTY FOREST 
FIRE WARDENS. 

10. Appointment — Term of Office — Removal. 

((, In towns and cities. — The selectmen of all town^ and 
the mayors of all cities shall, and other citizens may, as 
soon as may be, after this act takes effect, recommend to 
the state forester the names of such persons as may in 
their estimation be fit to fill the offices of forest fire warden 
and deputy forest fire warden in their respective towns 
and cities. After investigation the state forester may 
choose and appoint from the persons recommended, as 
above prescribed, not more than one competent person in 
each town or city to be the forest fire warden for said town 
or city and such deputy forest fire wardens as he deems 
necessary. Upon the appointment of a forest fire warden 
by the state forester in any town or city, the term of office 



' Ij. 1913, ell. 1.5.';. (See table, on p. 13.) 



I See n, 1. 



STATE FORESTRY LAWS NEW HAMPSHIRE. 



PART II— Contd.I 

of the forest fire warden tlien or theretofore arting in said 
city or t*)wn shall immediately cease and the new ap- 
pointee or appointees shall thereafter serve for one year, 
or until a successor is appointed as hereinbefore provided. 
The state forester shall have the power Iti the exercise of 
his discretion, to remove any forest lire warden or deputy 
forest fire warden from office. Upon tlie termination in 
any manner of the term of office of any forest fire warden 
or deputy forest fire warden, a successor shall be ap- 
pointed in the manner hereinbefore provided for the 
appointment of such officers originally. [L. 1909, ch. 128, 
sec. 4; L. 1!)11, ch. l(i(i, sec. 1.] 

6. In unincorporated places. — In unincorporated places 
the state forester may appoint a forest fire warden and one 
or more deputy forest fire wardens [Duties and powers 
same as those of town forest fire wardens. — ] to have the 
same powers and the same duties as the town forest fire 
wardens. When so appointed by the state forester, said 
forest fire wardens and deputy forest fire wardens shall 
succeed the present incumbent or incumbents, if any. 
The state forester shall have the power to remove said 
forest fire wardens and deputy forest fire wardens from 
ofiice, at his discretion. [L. 1909, ch. 128, see. 5; L. 1911, 
ch. 166, sec. 1.] 

c. In connection with railroad operations. — (See II, 32.) 

11. Remuneration Fixed by Forestry Commission and 
State Forester. 

Forest fire wardens and deputy forest fire wardens in 
towns and unincorporated places shall be allowed for their 
services such remuneration as may be fixed by the forestry 
commission and the state forester. [L. 1909, ch. 128, sec. 
7: L. 1911, ch. 166, sec. 1.] 

12. Patrol the Woods, and Warn Campers and Others. 
Forest (ire wardens and deputy forest fire wardens, them- 
selves, or some agent or agents designated by them, shall, 
when directed by the state forester, patrol the woods in 
their respective cities or towns,' warning persons who 
traverse the woods, campers, hunters, fishermen and 
others, about lighting and extinguishing fires. [L. 1909, 
ch. 128, sec. 4; L. 1911, ch. 166, sec. 1.] 

13. Post Fire Notices. 

They sliall post extracts from the fire laws, and other 
notices sent them by the state forester, along the highways, 
along streams and waters frequented by tourists and others, 
at camp sites, and in other puliUc places. [L. 1909, ch. 
128, sec. 4; L. 1911. ch. 166, sec. 1.] 

14. Extinguish Fires. 

Til. It shall be the duty of the forest fire wartlen and dep- 
uty fire warden to extinguish all brush and forest fires 
occuring inhis town, [Impress assistance and property. — ] 

and either of them may call such assistance as he deems 

1 Including by inference unincorporated places, since the fire wardens 
and deputy wardens there are clothed with the same powers and duties 
as wardens elsewhere. 

88436—17 2 



necessary to assist him in so doing, and may require the 
use of wagons, tools, horses, etc., for that purpose, but 
such authority .shall not interfere with the authority <if 
chiefs of city fire departments. Penalty lor refusing as- 
sistance or use of property. — If any person fails to respond 
to the warden's call for h's assistance or the use of his prop- 
erty, he shall be fined not excee<ling ten dollars for each 
offense. * * * Compensation for property. — \2. The 
owners of all property required by the forest fire warden 
or deputy forest fire warden in the extinguishment of a 
forest or brush fire shall receive reasonable compensation 
therefor. [L. 1909, cli. 12S, sec. 7: 1,. 1911, ch. 166, .sec. 
1 .] Disagreement as to fire-fighting compensation referred 
to county commissioners for settlement. -lii. In ca.se the 
forest fire warden or deputy forest fire warden and the per- 
s(ms summoned to assist him or furnish the use of property, 
shall fail to agree upon the terms of compensation at the 
time or after the required service has been rendered, the 
dispute shall bCTcferred to the commissioners of the county 
in which the city or town is located, for final settlement.' 
[L. 1909, ch. 128, sec. 8; L. 1911, ch. 166, sec. 1.] 
15. Render Account of Expenses. 

o. To selectmen or mayor, in towns and cities. — The for. 
est fire warden.s .shall render to the selectmen or the mayor, 
as the case may be, a statement of said expenses ^ ^-ithin 
one month of the date they are incurred, which said bill 
shall show in detail the amount and character of the serv- 
ices performed, the exact duration thereof, and all dis- 
Inirsements made liy said wardens, [Bills approved by 
wardens and deputy wardens. — ] and mu.^t liear the ap- 
proval of the forest fire warden, and the approval also of 
the deputy forest fire warden, if said expenses were in- 
curred by the authority of said deputy forest fire warden; 
[BUls audited and approved by selectmen or mayor — Town 
or city makes initial payment. — ] said bill shall lie audited 
and if approved by the selectmen of the town or mayor 
of the city wherein such sendees were incurred, shall be 
paid on the order of the selectmen by the town or city 
treasurer. Duplicate filed with State Forester — State re- 
imburses town, or city, for its share.- -A duplicate bill, 
showing that the same has lieen audited and paid by the 
town, shall Ije filed by the selectmen or the mayor with 
the state forester, who shall draw his order on the state 
treasurer in favor of s.tid tt)wu or city for the portion of 
said bill for which the state is liable in accordance with 
the provi.sions of this section.^ [L. 1909, ch. 128, sec. 9; 
L. 1911. ch. 166. sec. 1.] 

b. To State forester, in unincorporated places. — The 
forest fire wardens and the deputy lorest fire wardens in 



' While there is no specific provision fixing the amount of compensa- 
tion to be paid for the services rendered by parties who are impressed 
for fire-fighting, by inference it would appear that the forest firewarden, 
or the deputy forest fire warden, has authority to fix that amount, in 
each instance, hy agreement with the parties concerned, since the law 
provides that whenever there is a failure to agree the dispute shall be 
referred, tor final setlement, to the commissioners of the county in 
which the city or town is located. 

' For preventing and extinguishing fires. (See II, 2Ia.) 

' See II, 21(1. 



STATE FORESTRY LAWS NEW HAMPSHIRE. 



PART II— Contd.l 

uninrnrporaterl plares shall render to the state forester a 
statement of such expenses as they have lawfully incurred 
under this act in figliting or preventing fires'in woodlands 
witliin one mi nth of the date upon which such expenses 
are incurred. Tlie afor(;said statement sliall show in de- 
tail the amount and cliaracter of the sen-ices performed, 
the exact duration tliereof, and all disbursements so made 
by the forest fire warden, and tlie deputy forest fire war- 
den, if said expenses were incurred liy the authority of 
Slid doiiuly forest fin- warden. Account audited and ap- 
proved by the State Forester — Paid by State. — The afore- 
said statement sliall be audited by the state forester and 
if by him approved he shall draw an oidcr upon the 
state treasurer for the same. Expenses borne equally by 
State and unincorporated places. — The expetises incurred 
in liphling forest ami bru.sh lires and otlier expenses law- 
fully incurred by a forest (ire warden or a deputy forest 
fire warden in preventing forest fires in an unincorporated 
place shall lie borne equally by tlie state and said unin- 
corporated place; [State makes initial payment of total 
amount — Reimbursed one-half through additional tax on 
those places. — ] but the total expense shall be paid in the 
liist instiiiice from the state treasury, and one half thereof 
shall be added to the tax assessed the following year 
against said place in the same manner a.s is provided by 
chapter 62 of the Public Statutes for the assessment of 
taxes in unincorporated places generally. [L. 1909. ch. 
128, sec. 10; L. 1911, ch. Kid, sec. 1.] 

16. Cooperate with Railroad Deputy Forest Fire Wardens, 

and Give Notice of, and Combat Fires Along Rights 
of Way till Relieved by Railroad Officials. 
The forestry commission shall instruct all wardens and 
other employees of the forestry department to co-operate 
with the railroad deputies in the prevention and extin- 
guishment of railroad fires, to immediately notify the 
nearest station agent or railroad deputy upon the discovery 
of a fire along the right of way, and to combat such fii'e 
until the railroad deputy or other railroad official shall 
assume charge. [L. 1913, ch. 155, sec. 2.] 

17. Examine Portable Steam Mills, and Report to State 

Forester. 
It shall be the duty of the town forest (ire warden to 
examine portable steam-mills, when requested to do so 
by the state forester, and make reports on the same in 
such form as the state forester may require. [L. 1911, 
ch. 95, sec. 2.] 

18. Make Reports to District Chiefs or to the State Forester. 
Forest (ii'e wardens and deputy forest fire wardens shall 

make reports to the district chief of the district in which 
they are located or to the state forester at such time and 
in such form as the state forester may require. [L. 1909, 
ch. 128, sec. 11; L. 1911, ch. KiC, sec. l.| 

19. Forfeitures for Neglect or Refusal to Perform Duties. 
If any forest fire warden or deputy forest fire warden 

provided for in this act shall wilfully neglect or refuse to 



pcrt'orm the duties prescribed for him he .'shall forfeit not 
less than $100 nor more than .$.500. [Recovered in an action 
for debt, upon complaint of the forestry commission. — ] to 
be recovered in an action for <lel>t, upon complaint of the 
forestry commission [Paid into State Treasury.- | and all 
forfeitures so recovei-ed shall be paid into the state treasury. 
[L. 1909, ch. 128, .see. 17: L. 1911, ch. Kiti, sec. 1.] 

Additional Duties. 

Issur permits for: 

Kindliwj fires or burnini/ brush in. or near woodlands when 
[iround not covered with snow. (See 11, 236.) 
Kindlinri fires on public lands. (See II. 23a.) 
Burriincj slash on lands adjacent to rights of way of rail- 
roads and public hiiihways. (See II, 35.) 

Burninri trees or brush within hiijhway limits. (See II, 
36c.) 

Arrest violators, without warrant, and brbxj them before a 
justice. (See II, 37a, 6.) 

Report to State forester the drcumstatices of violation when 
persons are not taheyi in the act. (See II, 38.) 

File romjdiiint ai/iiinst parties who, upon discoverimi forest 
or brash fires, fail to e.rtiivinlsh or report them. (See II, 39.) 
Travellinri expenses allowed irhen altendim! forest fire con- 
ferences. (See II, 22 Til.) 

FISH AND GAME WARDENS. 

20. Fire Duties. 

a. Caution persons as to danger of causing fires in for- 
ests. — It shall be the duty of all such wardens while in 
and about the forests, to cauticJn per.sons of the danger from 
fires in the forests, and to extinguish a fire left burning if 
in their power. 

b. Give timely notice, to parties affected and to town 
forest fire wardens, of fires beyond control. — It shall be 
their duty to give notice to all parties interested when 
possilile, and to the forest fire warden of the town intorested 
in particular, of fires threatening to extend beyond control. 

c. Exercise powers of town forest fire wardens, pending 
his arrival. — Pending the arrival of such fire warden, they 
shall assume all the powers of such wardens as provided 
by statute, [h. 1915, ch. 133, sec. 09.] 

OTHER OFFICIALS AND CITIZENS. 

Patrolmen. 

Employed by State forester. (See II', 3.) 

Wardens and deputy wardens, or agents demijnated by them, 
serve as. (See II, 12.) 

Railroad employees oriianizcd to maintain a systcnt of 
patrol. (See II, 27.) 

Fire-fighting laborers. 

Impressed by wardens and deputy n'ardens. (See II, 
14 HI.) 

Penalty for refusinri to assist, or allow use of property. 
(See II, 14 HI.) 

Compensation for property used. (See II, 14 112.) 

Compensated for services. (See II, 14 T13, footnote.) 



STATE FORESTRY LAWS NEW HAMPSHIRE. 



PART II— Com d.) 

Selectmen of towns and mayors of cities. 

Recommend appointment of wardens anddepuly irardens in 
t mens and cities. (See II, lOa.) 

Audit and approve forest Jire expense accounts of irnrdens 
and deputy wardens in tojitis and cities. (See II, 1 ■")«.) 

Governor. 

Proctaiins close season for huntiitij durintj season ofdrouijht. 
(Si-e II, 24.) 

Public service commission. 

Enforces railroad Jire prorisions. (See 11. 25 112.) 

Expert foresters from without the State. 
Attend conferences of forest fire wardens. (See II, 5 112.) 
Travelling expenses paid by the State. (See II, 22 112.) 

EXPENDITURES. 

STATK. 

21. Pays One-Half the Cost of Preventing and Fighting 

Forest Fires. 

a. In towns and cities. — The expcii.scs of fighting iVircst. 
Hud lirush fires in lowns and cities and other expenses 
lawfully incurred by forest fire wardens and deputy forest 
lire wardens of said towns and cities in preventing forest 
fires, shall be borne equally by the town or city and by the 
state. [L. 1900, cli. 128, sec. 9: L. 1911. oh. KiG, sec. 1.] 

b. In unincorporated places. — (See 11, 156.) 

c. Method of payment. — See II, 15a, 6.) 

22. Pays Travelling Expenses of Forestry Officials and 

Experts Attending Forest Fire Conferences. 

"II. Those summoned by the state forester [to forest 
fire conferences '] shall be allowed their traveling expenses 
in attending such conferences. 1T2. * * * the said 
experts- to be paid their necessary traveling expenses. 
[L. 1909, ch. 128. sec. 25; L. 1911, ch. 166, sec. 2; L. 1915, 
ch. 127, sec. 1.] 

Other Payments. 

I'ays, out of the fish and game fund, costs of publishing and 
posting proclamations suspending open season for hunting 
during time of drought. (See II, 24 1j3.) 

TOWNS. CITIES. AND UNlNCORPOKATEl) PLACES. 

Towns and Cities. 

J'ay one-half of the costs of prereniing and fighting forest 
fres. (See II. 21a.) 

.Make initial payment of ivholr amount. (See II, 15a.) 
Unincorporated Places. 

I'ay. Indirectly, through a tar, one-half of the costs of pre- 
venting UTui fighting forest fires. (See II, 15i.) 



I See II, 5 tl. 



' See II, 3 112. 



KINDLING FIRES IN THE OPEN. 

PERMIT RESTRICTIONS. 

23. Camp Fires and all other Fires in the Open. 

a. On any public or private land, except with the con- 
sent of the custodian.— No per.-ion shall kindle a lire upon 
pul)lic land without pernii.ssi(jn first had from the forestry 
cominissioii. state forester, district chief [.| forest firit 
warden, deputy forest fire warden, or from the official care- 
taker of such public land. No person shall kindle a fire 
upon the laud of another without penuission first had 
from the owner thereof or from the owner's agent. [L. 
1909. ch. 128, sec. 12; L. 1911. ch. 166, sec. 1.) 

b. On or near all forest lands, except with the consent 
of a forest fire warden, or when ground is covered with 
snow.— No person shall kindle a lire or Inini brush in or 
near wooiUand. except when the ground is covered with 
snow,' without the written permission of the forest fire 
warden, or the presence of the forest fire warden or person 
appointed to represent him. [L. 1909. ch. 128, sec. 13; 
* * *; L. 1915, ch. 142. sec. 1.) 

c. Penalties: 1|1. For setting fires without consent of 
owner and of forest fire warden.— Fires kindled by throw- 
ing down a lighted match, cigar, or other burning sub- 
stance, shall be deemed within the provisions of sections 
12 - and V.i,' and every persim violating any pi-ovision of 
said sections shall be fined not more than two hundred 
dollars, or imprisoned not more than sixty days, or both. 
[L. 1909, ch. 128, sec. 14.] f2. For faUlng to extinguish 
fires. — Whoever by himself or by lii.s ser\ant, agent or 
guide, or as the serv-ant. agent or guide of any other per- 
son, shall build a camj), cooking, or othei- fire, or use an 
abandoned camp, cooking, or other fire in any, or adjacent 
to any. woods in this state, shall liefore leaving said fire 
totally extinguish the same, and upon failure to do so 
such person shall be punished by a line not exceeding 
fifty dollars. Exception: (Fires on sea hesicli).— Provided 
that such fires built upon the sea beach in such situation 
that they cannot spi-ead into forest, wood or cultivated 
laud, or meadows, shall not be construed as prohibited by 
this act. [L. 1911. ch. 151. sec. l.| 

OTHER PRECAUTIONARY RESTRICTIONS. 

24. Close Season for Hunting May be Proclaimed During 
Season of Drought. 
'I. Whe'uever during an open season for hunting it 
shall appear to the gfivernor that by reason of drought 
the use of firearms in forests is liable t<) cause forest fires, 
he may by proclamation suspend such open season for 
such lime as he nuiy design;ite. \L. 1915, cli. V.ia, sec. 10 
(a).] Laws for close season in force, and an additional 
penalty imposed for shooting animals not included there- 
under. — H 2. During the time which shall by such proc- 

• See also .special brush and .slash disposal provisions in II, 35; 36. 

* See subsec. a. 
' See subsec. b. 



STATE FORESTRY LAWS NEW HAMPSHIRE. 



PART II— Contd.] 

lamatiou be made a close season, all provisions of law cov- 
ering and relating to the close season shall be in force, 
and a person violating a provision of the same shall be 
subject to the penalties therein prescribed. A person 
who, during the close season fixed liy the governor as 
provided in the preceding paragraph, shoots a wild ani- 
mal or bird, for the hunting of which there is no close 
Season otherwise provided by law, shall be fined not ex- 
ceeding fifty dollars, [L, 1915, ch. 133, sec. 10 (b).] Pub- 
lication and posting of proclamation — Copy to fish and 
game commissioners- Payment of expenses. — '13. Such 
proclaniation shall lie published in such newspapers of 
the state and posted in such places and in such manner 
as the governor may order. A copy of such proclamation 
and order shall be furnished to the commission [fish and 
game commissioners], who shall attend to the publication 
and posting thereof. The expenses of such publication 
and posting shall be paid out of the fish and game fund.' 
[L. 1915, ch. 133, sec. 10 (c).] 

RAILROADS. 

25. Equip Locomotives with Approved Spark Arresters 

and Ash Pans, and Require Employees to Main- 
tain Them in Good Condition. 

p. Every railroad company or corporation operating 
locomotives within the state shall, subject to the approval 
of the public service commission, equip and maintain in 
good condition a spark arrester and a siutable a.sh pan on 
every engine, [Exceptions: Oil and electric engines. — ] 
except such engines as are operated by oil or electricity; 
and shall require its employees operating such engines to 
exercise due care to keep such devices in good order 
and to prevent the escape of live coals or sparks which 
may cause fires along the right of way; and * * * 
Compliance enforced by public service commission. — 
112. In carrying out this section, the public sei-vice com- 
mission may serve orders and eiuorce compliance with 
such orders as provided in chapter 164, Laws of 1911,* 
and amendments thereto. [L. 1913, ch. 155, sec. 1.] 

26. Issue Instructions to Employees on Fire Prevention 

and Extinguishment. 
Railroad compaiucs shall promulgate among their em- 
ployees instructions for the prevention and extinguish- 
ment of fires along the right of way; and * * * [L. 
1913, ch. 155, sec. 3.] 

27. Organize and Maintain System of Patrol, through 

Railroad Deputies or Other Officials, During Dan- 
ger Seasons. 
[Railroad companies] shall, through the railroaxl depu- 
ties or other officials, organize and maintain a system of 

1 These provisions in the fish and game act (L. 191.5, ch. 133) appear 
to have replaced the earlier provisions contained in L. 1909, ch. 59. 

' Act establishing a pubUc service commission. {See volume of Ses- 
sion Laws.) 



patrol during dry weather along the sections of its right 
of way where there ie danger of liie. Failure to patrol, not 
evidence of negligence to debar railroads from insurance 
on property. — The fact that a section of the right of way 
was not patrolled shall not be admissible as evidence of 
negligence to debar such railroad from insurance on prop- 
erty, as provided in chapter 159 of the Public Statutes." 
[L. 1913, ch, 155, see, 3,] 

28, Make and Enforce Regulations for Signalling and 

Notifying Employees about Fires. 
[Every railroad company or corporation operating loco- 
motives within the State] shall[,] subject to the approval of 
the public service commission, make and enforce regula- 
tions for the giving of fire signals and notifications of the 
existence and location of tires along the right of way to its 
employees, [L, 1913, ch, 155, sec. 1.] Compliance en- 
forced by public service commission. — (See II, 25 12.) 

29. Enter upon and Clear Adjacent Forest or Brush Lands. 

Railroad companies shall have the right, subject to the 
provisions of tlii^ section, to enter upon forest or brush 
land adjacent to the right of way, without liability for 
trespass, for the purpose of clearing brush, grass and in- 
flammable material from such land for a distance of twenty- 
five feet from the railroad right of way. [Compensation to 
owner. — ] but shall not remove valualde timber growth 
without recompense to the owner. Notice required. — 
Prior to making such a clearing, the raih-oad company 
shall give the owner thereof notice of its intention by 
letter deposited in the United States mail to his last 
known address, and thereafter by puldishing said notice 
at least once in two papers of general circulation in the 
county. Said notice shall quote section 4 of this act. 
Failure of owner to file objections, deemed consent. — If 
the owner shall not file an objection to such clearing with 
the public service commission within fifteen days from 
the date of such publication, he shall be deemed to have 
given consent. Public service commission determines 
case, upon a hearing, when objections are filed. — Upon the 
filing of such an objection by an owner, the publ'c service 
commission shall notify the owner the time and place 
when he may appear to show cause why such clearing 
should not be done. After a hearing, the public service 
commission may sustain the objection or permit the clear- 
ing to he done and may prescribe the extent and methods 
of any and all such clearings. May secure assistance 
from forestry commission and State forester. — The public 
semice commission may recjuire tlie assistance of the for- 
estry commission and the state forester in furnishing in- 
foi-mation pertinent to the carrying out of this section.* 
[L. 1913, ch. 155, sec. 4.] 



1 See II, 31. 

' In view of the pro^sions in II, 29; 35, the taking of lands or of rights 
and easements therein, by railroads, for piu-poses of fire protection, 
under sec. 2 of the Public Service Commission act, is rendered practi- 
cally unnecessary. (See ch. 125, Jj. 1913, in volume of Session Laws.) 



STATE FORESTRY I.AWS NEW HAMPSHIRE. 



PART II— Contdl 

LIABILITY. 

Ciiminal. 

(See II, Le^l Procedure — Criminal, on p. 10.) 

30. Civil. 

a. For fire-fighting costs.— All jusl and proper ex- 
pense.s ineurred in extinguisliing forest or brush fires 
caused liy the railroad company or its employees shall be 
paid by such railroad company; [Payment, not evidence 
of company's liability. — ] but the fact that such payment 
ha.s been maile .shall not be admissilile as evidence that 
such fire wa.- so caused. [L. 1913, ch. 155, sec. 2.] 

6. For fire damages to person or property.— The proprie- 
tors of every railroad shall be liable for all damages to any 
person or property by lire or steam from any locomotive or 
other engine upon their road. [R. S. 1842, ch. 142, sec. 8; 

* * *; Pub. Stat., 1900, ch. 1.59, sec. 29.] 

31. Insurable Interest in Property Exposed to Injury along 

Their Routes. 

a. Insurance effected by the company. — Sucli proprie- 
tors [pi-oprietors of every railroad] shall ha\ e an insuralile 
interest in all property situate upon the line of their road 
which is exposed to such damage, ami they may effect 
insurance thereon for their own benefit. [R. S. 1842, ch. 
142, sec. 9; * * *; Pub. Stat., 1900, ch. 159, sec. 30.] 

6. Insurance effected by the owner. — Such proprietors 
sliall 1)0 enlitled to the Ijenelit of any insurance effected 
upon such property by the owner thereof, less the cost of 
premium anil of expense of recovery. Method of recov- 
ery. — The insvirance shall be deducted from the damages 
if recovered before the damages are assessed, or if not, the 
policy shall be assigned to the proprietors, who may main- 
tain an action thereon. [L. 1861, ch. 2489, sec. 1; 

* * *. Pub. Stat., 1900, ch. 159, sec. 31.] 

EMPLOYEES. 

32. Section Foremen and Others Appointed Deputy Forest 

Fire Wardens. 

The state forester is hereby authorized to appoint as 
deputy forest fire wardens the section foremen or such other 
railroad employees as the authorised officials of the rail- 
road may recommend. [L. 1913, cli. 155, sec 2.| 

33. Powers and Duties. 

Same as forest fire wardens', with modifications. — p. 
Such deputies when so appointed shall lie nested with the 
powers and duties of deputy forest-fire wardens as jMovided 
in chapter 128, Laws of 1909, and amendments thereto,' 
except as such powei's and duties are limited or extended 
by this act.' Railroad deputies thus appointed shall ex- 
tinguish and supersise the fighting of forest and brush fires 
originating along the rai Iroad right of way. [Attendance on 
fires limited to those along the railroad right of way. — ] but 
shall not be required to supervise the fighting of fires 



' See table, on p. 13. 



which do not originate along the right of way. * * * 
Take prompt action in case of fires. — 1J2. A railroad deputy 
who receives notice of the existence of a fire adjacent to 
the right of way shall proceed forthwith to extinguish it. 
[L. 1913, ch. 155, sec. 2.] 

PORTABLE STEAM MILLS. 

34. Required to be Equipped with Approved Spark Arresters 

Exceptwhen Ground is Covered with Snow. 
1)1. No pei-son, except when the ground is covered with 
snow, shall operate any portable steam-mill unless the 
same is provided with a suitable spark arrester, approved 
by the state forester. Approval and revocation must be in 
writing, and signed by State forester. -Siuh approval shall 
be in writing, signed by the fcjrester, and said approval 
may be revoked by the state forester in the same manner. 
[L. 1911, ch. 95, sec. 1.] Penalty. — T2. Any person oper- 
ating a portable steam-mill when the ground is not covered 
with snow, without a suitable spark arrester and the ap- 
proval of the state forester, as herein provided, and any 
owner or part owner of said mill knowingly permitting its 
operation, shall be fined not less than fifty dollars and not 
more than one hundred dollars. |L. 1911, cli. 95. sec. 3.] 
Subject to examination by State forester. — 1|3. It .shall be 
the duty of the state forester to examine all portable steam- 
mills, or cause them to be examined, whenever he deems 
it necessary, to determine whether they are provided with 
suitable spark arresters, and whether the same are kept in 
constant use, as provided for in section 1 of this act,' [L. 
1911, ch. 95, sec. 2.] Examination and report made by 
town forest fire wardens, upon request from State for- 
ester. — (See II, 17.) 

COMPULSORY BRUSH .\ND SLASH DISPOSAL. 

INCIDENT TO LUMBERING. 

35. Adjacent to Rights of Way of Steam or Electric Bail- 

road, or Pubjic Highway. 

On and after July 1, 1915, any pereon, firm or corpora- 
tion cutting wood or lumber on property adjacent to the 
right of way of any steam or electric railroad or public 
highway shall dispose of the slash caused by such cutting 
in such a manner that the inflammable material shall not 
remain on the ground within forty (40) feet of the right of 
way of any steam railroad, or within twenty (20) feet of 
the right of way of any electric railroad or the traveled 
part of any pubUc highway. Penalty — Limitation of time 
lor disposing of material. — .\ny operator of wood or timber 
on such land, or any owner of such laud where cutting is 
done, may be fined not more than ten dollars for each acre 
of such land or fraction thereof from which the inflammable 
material is not properly disposed of within sixty days from 
the cutting of the trees thereon; provided, that any owner 
or operator who cuts wood or timlier during the winter, 
after November 1, shall have until May 1 in Grafton, 
Can-oil and Coos counties, and until April 1 in other 

' See HI of this section. 



10 



STATE FORESTRY LAWS NEW HAMPSHIRE. 



PART II— Contd.) 

counties, to remove the slash in acconUxnce with the pro- 
visions of this section. Permit from town forest fire warden 
required for burning slash. — If such slash is destroyed by 
burning, such burning shall be done with the permission 
of the town forest fire warden. Forestry Commission 
charged with execution of provisions. — The Forestry Com- 
mission is hereby cliarged with the execution of this sec- 
tion. Liability of owners or operators. — All owners or 
operators shall be I'Cf) aired U^ use due care in clearing such 
land, and shall not lie relieved of Liability for damage im- 
posed by chapter 128, Laws of 1909, and amendments 
thereto;' but no owner of such land shall be liable for 
damages resulting from fires not set by himself or his 
agents. [L. 1913, ch. 155, sec. (i; L. 1915, ch. 100, sec. 1.] 

INCIDENT TO PUBLIC WORKS. 

36. Within Highway Limits. 

a. Local administrative officers have jurisdiction over 
disposal, other than by burning, on other than State high- 
ways. — Mayors of cities, selectmen of towns, and county 
commissioners for unincorporated places, shall annually 
during the months of August or September, and at other 
times when advisable, cause to be cut and disposed of from 
within the limits of the highway, all trees and bushes 
that cause damage to the highway, traveling public, or 
that are objectionable from the material or artistic stand- 
point. * * * 

b. State highway department has jurisdiction over dis- 
posal other than by burning, on State and trunk-line high- 
ways. — On all state ruad.s and trunk-line highways the 
plan of carrying out the provisions of this act shall be 
under the supervision of the State Highway Department. 
Said department shall make such rules and regulations 
for the purpose of carrying out the provisions of this act 
as shall, in its judgment, seem for the best interests of the 
state. 

c. Forest fire wardens have jurisdiction over disposal 
by burning on all classes of highways. — Whenever any 
trees or brush cut along the highway are disposed of by 
burning, the cut trees or brush shall be removed a safe 
distance from any adjoining woodland or from any tree 
or hedge designated or desirable for preservation, and such 
burning shall be done with the pei-mission of the forest 
fire warden. Limitation of time. — All trees or brush thus 
cut from within the limits of the highway shall be disposed 
of within 30 days from the cutting thereof. [L. 1901, ch. 
98, sec. 7; * * *; L. 1915, ch. 138, sec. 1.] 

d. Penalty. — Persons violating any of the provisions of 
this act shall forfeit not less than five nor more than one 
hundred dollars, to be recovered in an action of debt by 
the tree warden or any other person for the benefit of the 
town or city in which the tree is situated, or be fined not 
less than five or more than one hundred dollars. [L. 1901 , 
ch. 98, sec. 8. 1 



' Seie tatjle, on p. 13. 



LEGAL PROCEDURE. 

CRIMINAL. 

37. Officials Arrest, without Warrant, when Persons are 

Taken in the Act of Violating the Following: 

a. Any law for the protection of forest lands. — The state 
forester, or the foi-est fire warden, or the deputy forest fire 
warden, may aiTest, without a warrant, any person or per- 
sons taken by him in the act of violating any of the laws 
for the protection of fcn'cst lands, and bring such person 
or persons forthwith before a justice of the peace or other 
justice having jurisdiction, [Justices dispose of cases. — ] 
who shall proceed without delay to dispose of the matter 
as justice may require. [L. 1909, ch. 12S. .sec. 15; L. 
1911. ch. 16(i, sec. 1.] 

b. Any order or warning concerning the kindling and 
extinguishment of fires on the lands of another. — It, in 
or near wooillands. any person, other tlian the owner of 
said land or his agents acting under his direction, shall 
build a fire when warned not to do so by an authorized 
official, or shall fail to extinguish a fire when ordered to 
do so by an authorized (pfficial, he niay Ije arrested by such 
official without a warrant. [L. 1909. ch. 128, sec. 4: L. 
1911, ch. lG(i, sec. 1. 1 

38. Officials Report to State Forester the Circumstances 

of Violations when Persons are not Taken in the 
Act. 
If a warden has any reason to believe that any forest or 
brush fire in his city or town was caused in violation of 
statute he shall report to the state forester all the facts 
coming within his knowledge. State forester lays facts 
before attorney general of the State. — The state forester 
may then bring the facts before the attorney general of 
the state, [Attorney general takes action to recover pen- 
alty. — ] who if the facts as reported to him seem to be suf- 
ficient, shall take action to recover the penalty fixed by 
statute for such violation. [L. 1909. ch. 128. sec. 11; L. 
1911, ch. 1G6. sec. 1.] 

39. Officials Enter Complaint Against Persons Liable to 

a Fine for Failure to Extinguish or Report Fires. 

It shall be the duty of any person wdio discoveis a forest 
or brush fire not under control or supenision of some per- 
son to extinguish it or report it immediately to the forest 
fire warden or deputy forest fire warden or official in charge 
of forest protection, and failure so to do shall be punished 
by a forfeiture not exceeding ten dollars to be recovered 
upon the complaint of the warden. [L.1909, ch. 128, sec. 
18; L. 1911. ch. Ififi, sec. 1.] 

40. Fines Under Forestry Act Paid into State Treasury as 

a Special Fund for Prevention and Suppression of 

Forest Fires. 
All moneys received from lines imposed under and by 
virtue of the provisions of this act' shall be paid to the 
state treasurer and kept by him as a separate fund, [Paid 

1 See table, on p. 13. 



STATE FORESTRY LAWS NEW HAMPSHIRE. 



11 



PART II— ronld.l 

out on requisition of State forester. — J tii be paid out by 
him upon the ix'ciuisitioii of tlie state forester, for use in 
coniioclion with the prevention and suppression of forest 
lires. |L. 1900, (li. 12S, se.-. l'.); L. 1911. eh. 16fi, see. I.| 
Forfeitures paid into State treasury. — (See II, 19.) 



CIVIL. 

41. For Permitting Fire to Spread to Lands of Another. 

Every person who sliall .-^ol tire on any land, that shall 
run upon the land of any other jierson, shall pay to the 
owner all damages done liy such (ire. [L, !!)()!), <h. J28, 
sec. Ki.l 



PART III.— PUBLIC FORESTS. 



(This part comprises the provisions of law, if any, for the 
on these and on other lands owned by the State.) 

STATE FORESTS. 



stublisliment and care of Slate and municipal forests, and for the practice of forestry 



1. Lands Acquired by Several Means. 

((. By purchase with State appropriations: Tl. Regular 
appropriations. — The <-oniinission is cinpowcied to pur- 
chase, with the consent of tlie governor and council, suita- 
ble tracts of lanil for use in domonstrating the principles of 
forestry, and * * * [L. 1009, ch. 128. sec. 20; L. 1911,^ 
ch. 1()6, sec. 1.] T12. Special appropriation. — » « * 

Note. — Special appropriation is made for pin-cha.se, 
by the governor, with tlie advice of the council and 
the forestry commission, of such lands as may be 
deemed necessary for the preserv'ation of tlie forests 
in the tract known as the Crawford Notch for the pur- 
pose of a forest reservation and State park. (See. in 
volumes of Session Laws, sees. 1, 2, ch. 130 of L. 1911, 
and ch. 2(;i of L. 1913.) 

h. Through gift: p. Of money with which to pur- 
chase. — \\liencver any person or persons shall supply the 
necessary funds therefor, so that no cost or expense shall 
accrue to the state, the forestry commission is hereby 
authorized to buy any tract of land and devote the same 
t() the purposes of a public reservation. Exercise of right 
of eminent domain. — If they cannot agree with the owners 
thereof as to the price, they may condemn the same under 
the pow'ers of eminent domain, and the value shall be 
determined as in the ca.se of lands taken tor highways, 
with the same right.s of appeal and jury trial. Title vests 
in State. — On the payment of the value as linally deter- 
iniued, the land so taken shall be vested in the state, and 
forever held for the purposes of a pulilic reservation. 
112. Of the land direct. — The commission is empowered to 
recei\e in the name of the state free gift* of land for the 
purposes of forestry, in such manner that no cost of pur- 
chase shall accrue to the state, and may arrange for the 
registration of necessary papers. * * * [L. 1909. ch. 
128. sec. 20; L. 1911, ch. Uifi, .sec. 1.] 

2. Management. 

a. Of tracts acquired with State appropriations: 1|1. 
Regular appropriations. — (The forestry commission may] 
make inovisions for the management of the same, [tracts 
luirchased willi regular State appropriations], as is advis- 
able within the limits of the appropriation. [L. 1909. 
ch. 128. sec. 20; L. 1911. ch, 166, sec. 1.] '12. Special 
appropriation. — * » * 

Note. — Special provision is made for the care and 
management of the Crawford Notch tract by the 
forestry commission. (See sec. 4. ch. 130. L. 1911, 



in volume of Session Laws.) Sale of the tract by 
the governor and council is also provided for in ch 
203, L. 1913. (See volume of Session Laws.) 
/). Of tracts acquired by gifts of money: ' I Forestry 
commission protects lands and improves forest condi- 
tions.— The forestry commission may take means fcjr the 
protection of such resen'ation [tracts purchased with 
donated funds] from forest fires, and, as far as compatible 
with (he wishes of the donor, may plant and remove trees 
and otherwise improve the forest conditions. 1^2. Donors 
improve lands under direction of forestry commission. — 
The persons furnishing the money to buy said land shall 
be at liberty to lay out roads and paths on the land, and 
otherwise improve the same under the direction of the 
forestry commission, and [Tracts open to use of public. — ] 
the tract shall at all times lie oikmi In the use of the public. 
r. Of tracts acquired by gifts of land: Forestry commis- 
sion provides for protection and management. -(The for- 
estry commission may] map and sun,-ey the land, (acquired 
through gift direct], protect it from tire, plant, cut and 
otherwise improve the forests as it is advisable within the 
limits of the appropriation." (L. 1909, ch. 128, sec. 20; 
L. 1911. ch. Kit), sec. 1.] 

3. Revenues from State Lands, Except those from State 

Nurseries, go into State Treasury. 

All revenue derived from the sale of forest products from 
slate land shall revert to the state treasury, (Exception: 
Revenues from State forest nursery. — | except tlie revenue 
derived from the state nursery, which shall be re-invested 
in the state nursery by the forestry commission. [L. 1909, 
ch. 128, sec. 20; L. 1911, ch. 166, .sec. l.| 

OTHER STATE LANDS. 

LAND.S ACQUIRED FOR PURPOSE OF UEFORE.STATION. 

4. Forestry Commission Empowered to Acquire. 

For the pui'iKise of rctorcsting waste and cut-over land, 
the forestry commi.ssion is hereliy instructed and author- 
ized to promulgate throughout the state the offers made 
by section 2 of this act.- [L. 1915, ch. 163. sec. l.( 

5. Are Acquired by Gift. 

H 1. Whenever any |)erson or persons .shall deed to the 
state any tract of land a<lapted for forest growth, so that 
no cost of purchase sliall accrue to the state, the Forestry 

' Special provision is made for the care and management, in like miin- 
ner, by the forestry commission, of the tract known as the (ieneral Miller 
Park. (.Sec ch. 187, L. 1913, in volume of Session i.aws.) 

- See table, on p. 13. 



12 



STATE FOEESTKY LAWS NEW HAMPSHIBE. 



PART III— Could.] 

Commission is authorized to accept and hold such tracts 
in the name of the state, and * * * Limitation as to 
amount that may be acquired from any person, firm, or 
corporation. — ^ o. * * * nor shall the state accept a 
deed from any person, firm, or corporation that is. on the 
date of such proposed conveyance, the owner of any lands 
which shall have been reforested by the state. [L. 1915, 
ch. 163, sec. 2. J 

6. Reconveyed to Original Donor by Reimbursement of 

State for Improvements Made. 

The donors of such land,' or their heirs and assigns. 
shall have the right, within ten years from the date of 
conveyance, tn purchase it from the state at the cost of 
improvements with interest at four per cent per annum, 
and the secretary of state .shall, upon the recommendation 
of the Forestry Commission, convey such land to said donor 
or donors. [L. 1915, ch. 163, sec. 2.] 

7. Control and Management. 

a. Forestry commission controls and manages lands. — 
[The forestry commission is authorized] to reforest, pro- 
tect, and manage them^ subject to the limitations of this 
section.^ 

b. Reforestation limited to 25 acres: HI. In any one 
tract, annually. — The state shall not be required to reforest 
more than twenty-five acres of any tract acquired under 
this act in any one year. 1f2. For any one owner. — Not 
more than twenty-five acres of land shall be reforested by 
the state for any one person, firm, or corporation, * * * 



c. Extinguishment of fires. — Any forest fire on such 
tracts shall be extinguished as provided in chapter 128, 
Laws of 1909, and amendments thereto.' 

d. Sale of land, or of wood and timber. — If the donor, 
or his heirs or assigns, shall not acquire the land within 
ten years from the date of conveyance, such land may be 
sold, or the wood and timber thereon may be sold, by the 
Forestry C(jmmission, with the approval of the Governor 
and Council; provided, that such sale shall be advertised 
and awarded to the highest liidder, and the state may 
reject any such bids. 

e. Revenues derived from lands to be paid into State 
treasury. — All revenue from the sale of such tracts, or of 
the wood and timber thereon, shall revert to the state 
treasury. [L. 1915, ch. 163, sec. 2.] 

MUNICIPAL FORESTS. 

8. Towns and Cities Authorized to Acquire and Hold 

Lands for Forestry Purposes. 
Towns and cities may at any legal meeting grant and 
vote such sums of money as they shall judge necessary to 
purchase, manage and improve lands for the purpose of 
growing wood and timber. [L. 1913, ch. 27, sec. 1.] 

9. Managed under Direction of State Forester. 

Any lands so purchased shall be managed under the 
direction of the state forester. [L. 1913, ch. 27, sec. 2.] 

10. Proceeds Turned into Town Treasury. 

The net proceeds, after deducting necessary expenses, 
from the sale of wood and timber from such lands shall be 
turned into the town treasury. [L. 1913, ch. 27, sec. 3.] 



PART IV.— TAXATION. 



(This part comprises the provisions of law, if any, covering the classification and taxation of forested lands and lands to be forested, the purpose 
of which is to encourage the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxa- 
tion provisions, if any, concerning State or municipal forests, or other State lands, see Part III.) 



REBATE OF TAXES TO ENCOURAGE FOREST 
PLANTING. 

1. On Lands Planted with not Less than 1,200 Timber or 
Forest Trees. 

In consideraticjn of the public benefit to be derived 
from the planting and cultivation of timber or forest trees, 
the owners of any and all land which shall be planted with 
timber or forest trees, not le.ss than 1 ,200 to the acre, shall 
be entitled, from and after the first day of April, 1903, to 
a rebate of the taxes assessed upon said land as follows; 
[Rates of rebate. — ] For the first ten years after the land 
has been so planted, a rebate of ninety per cent, of all the 
taxes assessed upon said land ; for the second period of ten 
years after such planting a rebate of eighty per cent, of all 
said taxes and for the third and final period of rebate after 



1 See III, 5 tl. 

2 Tracts acquh-ed as provided in III, 5 tl. 

3 See table on p. 13. 



such planting, a rebate of fifty per cent, of all .said taxes. 
Rebate conditioned on trees being kept in sound condi- 
tion. — Said rel)ate t<i bo allowcil only cm cundition that 
said planted trees are kejjt in sound condition. Return 
of planting made annually to selectmen. — A return of such 
planting shall be made to the selectmen when taking the 
annual inventory, which return shall be verified by the 
selectmen and made the basis of such tax exemption. 
Thinning allowed after ten years. — After said trees have 
been planted ten years it shall be lawful for the owners to 
thin out the same so that not less than six hun Ired trees 
shall be left to the acre; [Clearing of land prohibited during 
period of rebate. — ] but no portion oi said planted land 
shall be absolutely cleared of trees during the period for 
which said rebate may be allowed. [L. 1903, ch. 124, 
sec. 1.] 



I See table, on p. 13. 



STATE FORESTRY T.AWS NEW HAMPSHIKE. 

TABLE OF ACTS. 



13 



Equivalent references ' in 
this compilation. 

(Serial 1.) 



Equivalent references ' in 

this compilation. 

(Serial 1.) 



Piihlic Stnliites 
Revised .Staliile 


1900, 

l-ll. ISO, sec.29 

30 

31 

s, 1S42, 
cli. H2,sec. S 


w.mh. 

II, 31a. 
11,316. 

(Samo as Public Slatiites, 
1900, ch. l.W.sec. 29.) 


(S««on /. 


aw included in Code.) 


1900, ch. 159. sec. 30.) 


{Session La 


ws subsequent lo Code.) 


1900,ch. l.W.sec.Sl.) 




8 


II, 3M 


I,. 1903, 


ch, 124, sec. 1 

3[2] 


lV,I. 
I 2 






1,1. 




2 


1,3 HI; 4; 3 1|2; 5; .So.- 11,2; 
1,6: 7; 10. 

I,8M. 












5 


II 106 










8 


II, H "11; U: M t2. 
II, 1-1 113. 




9 








II, 1.56. 




11 














II, 236 






n,23Mll. 










11,41. 




17 

IS 


11, 19. 
TI, :i9. 




19 


11.40. 




20 


111,16 111; 26112,111; 16112 

2c.- mill; 2o111; 3. 
(Omitted.') 




21 




22. . 




23 


1.9. 



{Session 
L. 1909, 



Laws subsequent to Code) — Contd. 
ch. 128, sec. 24 , 





26 


9.1, sec 


1 

2 










Kli. 


1 



ch. 27, sec. 1... 



10 siibsec. (a) 
(6) 
(c) 

69 (in part) 



3 



II, 4a,6, c, d. 

11,5 111; 22 111; 5 112; 22 12. 
11,3. 
II. 34 f I. 
II, .34 113; 17. 

II, :i4 112. 

II,2;ic1|2. 

(Same as L. 1909, ch. 128, 

sees. 2, 4, 5, 6, 7, S, 9, 10, 

11, 12, 13, 15, 1,, 18, 19, 

20.) 
(.Same as L. 1909, ch. 12S, 

sees. 23, 24, 25, 26.) 
111,8. 
111,9. 

III, 10. 

11,25 111; 28; 25 112. 

II, .32; :!3 1I1; 16; 33 112; 30a 

11,26; 27. 

II, 29. 

II, 6a. 

11,35. 

(Same as L. 1909, ch. 128, 

sec. 2.) 
(.Same as L. 1909, ch. 12S, 

sec. 6.) 
II, 4d. 
(Same as L. 1913, eh. 155, 

sec. 6. ) 
(Same as L. 1909, ch. 128, 

sec. 25.) 
II,24tl. 
11,24 112. 
11,24 113. 
II, 20(1,6, c. 
(Samo as L. 1901, ch. 98, 

sec. 7.) 



III,51|I:7a;6;7(i,61|l,c,e, 

6 112; 5 1|2. 
I, 86 112. 



' References are given in the order in which the subject matter oecm-s in the original text. In reconstructing the text of any act lierein 
compiled, bracV-eted matter found introducing a section or paragraph should be ignored, since the material has already i>een presented elsewhere in 
its proper relation lo the original text of the act being reconstructed. (See above, L. 1913, ch. 155, sec. 1; II, 28.) " 

2 Temporary appropriation. 

^ Repealing clause. 



H .\SHINGTON : fiOVEKX.MEXT PKIXTIXG OFFICE : 1917 



Misc. S— 25. 

Forestry Laws Leaflet No. 21. Date ol Issue December 31, 1917. 

United States Department of Agriculture 

FOREST SERVICE 
Henry S. Graves, Forester 



STATE FORESTRY LAWS 

A parallel classification shuwinj! the comparative progress or each Stale in forestry legislation 

COLORADO 

(Serial 1— Through Reg. Sess., 1917) 
Compiled in the Office of State Cooperation by Jeannie S. Peyton 



CONTENTS. 



Purpose of compilation'. 1 Part 11 — Coutiuued. 

Part I.— Administration 2 Distribution of costs of tu-i 

State board of agriculture 2 | State 

State board of forestry 2 j Counties 

State forester 

Part II .— Firo protection 

State forester 

Other State ollicials with incidental fire duties 

ShorifTs 

Constables 

State game and fish commissioner and wardens 

Game and forest wardens 

Deputy appraisers 

Land appraisers 

Board of county commissioners 

Federal forest officers and timber olTiccrs 



Kindling fires in the open 

Prohibitive restrictions 

Railroads 

General requirements 

Liability 

Compulsory brush and slash disposal. 

Incident to lumbering 

Legal procedure 

Criminal 

Civil 

Part III.— Public forests 

Part IV.— Taxation 

Tabic of Arts 



PURPOSE OF COMPILATION. 

The compilation of which this leaflet is but a part aims to meet a manif(>st need of the 
times for a work of reference by means of which the legislation imderlymg the forestiy activities 
of the various States can readily bo studied and compared. To this end, only such of the State 
laws as bear more or less directly upon the practice of forestry ar§ here compiled, to the exclusion 
of all other laws concerning timber and trees, of all detailed forest insect and fungus provisions 
(which, while germane to forestry, usuall}' arise from acute local conditions, and arc not of general 
interest), as well as of aU amiual or biennial appropriations, and other similarly transitory' 
provisions. Succeeding issues of eacli State leaflet, to form a separate series for each State, 
will serve to keep these fimdamental laws up to date and free from encumbrance by obsolete 
provisions. The laws themselves have been analyzed and classified, in detail, to show the 
activities of the various officers and governing bodies, as these bear cm "Administration," "Fire 
Prot3Ction," "Pubhc Forests," and "Taxation," the text being skeletonized in blackface type, 
and copiously cross-referenced, in italic, to aid the rapid sensing of the entire legi.slation or of 
any particidar part of it: A Table of Acts is appended to this leaflet for the benefit of anj'^ 
who do not have access to the original enactments from which the provisions used m the com- 
pilation were taken, and who desire to reconstruct them. 



STATE FOEESTEY LAWS — COLOEADO. 

PART L— ADMINISTRATION. 



^r:,^ 



(This part comprises the provisions of law, if any, defining the general administrative duties of the regularly constituted State forestry ofllclala; 
also certain miscellaneous forestry provisions. For specific provisions, it any, concerning administrative duties of these or other Stale officers in 
connection with forest fires, State and municipal forests or other State lands, or forest taxation, see Parts 11, III, and IV, respectively.) 



STATE BOARD OF AGRICULTURE. 

Authority as State Board 



of 



1. Vested with 

Forestry. 
That the State Board of Agriculture shall have, and 
hereby is vested with authority, in addition to and in 
connection with its duties heretofore provided, as a State 
Board of Forestry, and * * *. [L. 1911, eh. 138, 
sec. 1; Mills An. Stat., 1912, sec. 2986.] 

2. Furnishes Office and Equipment for State For- 

ester, and Necessary Assistance. 
The State Board of Agriculture is further hereby author- 
ized to furnish the necessary office, furniture, oflSce sup- 
phes, stamps and postage, and office and field equipment, 
and such necessary assistance as may be required for the 
proper conduct of the office of State Forester.' [L. 1911, 
ch. 138, sec. 1; Mills An. Stat., 1912, sec. 2986.] 

3. Additional Duties. 

Appoints State forester, and determines Ms term of office. 
(See I, 4.) 
Fixes salary of State forester. (See I, 5.) 

STATE BOARD OF FORESTRY. 

(For establishment of board, see ' 'State Board of Agricul- 
ture," I, 1;2.) 

STATE FORESTER. 

4. AppoiTftment — Term of Office. 

* * * the said The State Board of Agriculture is 
hereby given authority to appoint an officer to be known 
as the State Forester. The incumbent in said office to be 
the professor or instructor of forestry at The State Agricul- 
tural College, said State Forester to hold office at the will 
of the State Board of Agriculture and except as herein- 
after provided, to be under the control of The State 
Board of Agriculture. [L. 1911, ch. 138, sec. 1; Mills 
An. Stat., 1912, sec. 298G.] 

5. Salary Fixed by State Board of Agricultvire — 

Limitation of Amount. 
The State Forester shall receive a reasonable salary, to 
be fixed by the State Board of Agriculture, not to exceed 
$2,500.00 per year, which sum shall include his salary as 
professor or instructor of Forestry at the State Agricultural 
College, and shall be paid out of the money hereby 
appropriated.^ [L. 1911, ch. 138, sec. 2; Mills An. Stat., 
1912, sec. 2987.] 

6. Manages State Forests, if Any. 

It shall be the duty of the State Forester to direct the 
management of State Forest Reserves, if any; * * * 
[L. 1911, Ch. 138, sec. 3; Mills An. Stat., 1912, sec. 2988.] 



' The state board of agriculture is charged, independently, with th; 
management of a school of horticulture, forestry, and vocational learn, 
jng, at the Grand Junction Indian School, in Mesa county. Colorado 
(see sees. lOl, 102, Mills An. Stat., 1912); and the Secretary of the board 
is also required to "address circulars to societies and (he best practical 
farmers in the state and elsewhere, with the view of eliciting informa- 
tion upon * * * the culture of * * * trees, etc., adapted to soil 
and climate of this state" [Colorado); and to distribute, for cultivation 
and report thereon, such trees as he may seniro. (See sees. 60, 61, Mills 
An. Stat., 1912.) 

' See p. 6, footnote 3. 



7. Studies Conditions for Preserving and Growing 

Forests. 
[It shall be the duty of the state forester] to study tho 
best conditions for preserving and growing of trees and 
forests. [L. 1911, ch. 138, sec. 3; Mills An. Stat., 1912, 
sec. 2988.] 

8. Collects and Publishes Forest Data. 

[It shall be the duty of the state forester] to collect and 
pubhsh all data relative to the forests and other timber 
growing in the State. [L. 1911, ch. 138, sec. 3; Mills An. 
Stat., 1912, sec. 2988.] 

9. Cooperates with the Following: 

a. TJ. S. Forest Service. — [It shall bo tho duty of the 
state forester] to cooperate, so far as is practical, with the 
Department of Forestry of the United States Government; 
* * * [L. 1911, ch. 138, sec. 3; Mills An. Stat., 1912, 
sec. 2988.] 

6. State hoard of land commissioners in the matter 
of granting permits to cut timber on State lands. — 
The State Forester shall cooperate with the State Board 
of Land Commissioners in the matter of granting of permits 
for cutting timber upon State lands, giving them data con- 
cerning Ihe proper timber to be cut and the proper 
method of cutting and removing the timber and the 
removal of tho strippings and ad\dsing tho State Board of 
Land Commissioners concerning any matters of importance 
relative to the removal of the timber and the replanting 
and reforestation of State lands, but nothing herein con- 
tained shall be construed as amending the law at present 
existing ' giving the State Board of Land Commissioners 
authority in said matter. [L. 1911, ch. 138, sec. 4; Mills 
An. Stat., 1912, sec. 2989.] 

e. Individuals, associations, corporations, towns, 
or cities, at their expense. — The State forester may 
advise or assist any individual, indiWduals, association or 
corporations, towns or cities, and examine any tract of 
land that it may be desired to devote to the growing of 
trees or forests, to ad\'ise as to the planting thereof and the 
protection, preservation or reforestation of any private 
lands under an agreement with (he owners of such land, 
whereby (he owner or o\vners of such land shall pay to the 
State Board of Agriculture a sum equal to the total expense 
of the State Forester or such assistants as may be ap- 
pointed tor said purpo.se. [L. 1911, ch. 138, sec. 6; Mills 
An. Stat., 1912, sec. 2991.] 

10. Prosecutes Violatoi-s for Cutting or Destroy- 

ing Timber. 

[It shall be the duty of the state forester * * * to 

prosecute violation of all laws pertaining to * * * ] the 

cutting or destruction of timber in the State, * * *. 

[L. 1911, ch. 138, sec. S; Mills An. Stat., 1912, sec. 2993.] 

11. Reports Derelictions on Part of State Officers 

Concerning Timber or Forests. 
[It shall be the duty of the state forester to * * * 
report to the proper authority any violation or derenction 
on the part of any officer or officers of the State * » » ] 



i Ij. 1901, ch. I 



LI 



^^__, , (See Table of Acts on p. 9. For law, in full, see 



STATE FOEESTRY LAWS — COLOEADO. 3 

PART I— Contcl.] 

in relafion to tlio timber or forests in the State. [L. 1911, | ma|fe such recommondu'.iona as he shall deem necessary 
ch. 1:58, sec. 8; Mills An. Slat., 1912, sec. 2993.] I with a view toward prescribing laws ne(.'e>-.''ary to make 

12. Makes Biennial Keport and Kecommendations. his office an effective factor for the purposes for which it 
Said State Forester shall, biennially, make to the Gov- j is created. [L. 1911, ch. 133, sec. 11; Mills An. Stat., 1912, 
ernor, a report of the transactions of his office, and shall ! sec. 2996.] 

PART II.— FIRE PROTECTION. 



(This part comprises tlio genorai provisions of iaw, it any, coa:ormng protojtion from forest (ires. For locali'-ed provisions, if any, conserning 
protection of stato-owned lands, sec Part III.) 



STATE FORESTER. 

1. Advises and Assists in Preventing and Extin- 

guishing Forest Fires. 
H 1. The State Forester shall advise, aid and assist in 
preventing' and oxtingni.>--hin<^ foroft fires on State lands 
and private Ian Isand in the National Forests in the State, 
[Fire duties of sheriffs not interfered with.—] but 
nothing herein contained shall be construed as amending 
the law making it the duty of the Sheriffs of the various 
Counties of the State to prevent and extinguish forest 
fires.' [L. 1911, ch. 138, sec. 5; Mills An. Stat., 1912, 
sec. 2990.) H 2. * * * upon receiving notice from any 
source of a fire or fires in any forest, it shall be the duty 
of the State Forester to aid and assist in extinguishing the 
same. [L. 1911, ch. 138, sec. 7; Mills An. Stat., 1912, sec. 
2992.] 

2. Examines into Causes of Fires. 

It shall be the duty of the State Forester to, examine 
and inquire into the cause of fires occurring in the forests 
of the State, either on private or public lands, » « *. 
(L. 1911, ch. 138, sec. 8; Mills An. Stat., 1912, sec. 2993.] 

3. Prosecutes Violators of Fire Laws. 

[It shall be the duty of the state forester] to prosecute 
violation of all laws pertaining to fires or * * *. [L. 

1911, ch. 138, sec. 8; Mills An. Stat., 1912, sec. 2993.] 

4. Reports Derelictions on Part of State Officers 

Concerning Fires. 
* * * and [he shall] report to the proper authority^ 
any violation or dereliction on the part of any officer or 
officers of the State with relation to fires and » » *. 
[L. 1911, ch. 138, sec. 8; Mills An. Stat., 1912, sec. 2993.] 

5. Publishes and Posts Forest-Fire Regulations. 
[It shall be the duty of the State forester] to promulgate 

and publish rules for the prevention of forest fires and to 
cause the same to be posted in the forests upon State 
lands; * * * [L. 191 1, ch. 13S, sec. 3; Mills An. Stat., 

1912, sec. 2988.] 

6. Other Duties. 

Furnishes forest Jire nonces to commissioner of game and 
Jish. (See II, IS.) 

OTHER STATE OFFICIALS WITH INCIDENTAL 
FIRE DUTIES. 

SHERIFFS. 

7. Act as Fire Wardens. 

T'io sheriff of every county shall, in addition to other 
duties, act as fire wardens of their respective counties in 
case of prairie or forest fires. [L. 1903, ch. 83, sec. 1; 
* * *; Mills An. Slat., 1912, sec. 1396.] 
1 See U, 7-9. 



8. Compensation. 

The county commissioners may allow the sheriff five dol- 
lars per day for such services,' and the deputies not to ex- 
ceed three dollars per day, and such other expcrs s neces- 
sarily incurred as they may deem just. [L. 1903, ch. 83, 
S2C. 2; * * *; Mills An. St.it., 1912, b:c. 1397.] 

9. Assume Charge of Fires. 

It s'lall be the duty of the sheriff, under s'lerif? and 
deputies, in crss of any forfst or prairie fire, to fsume 
charge thereof, for controlling and extinguishing the same, 
[Summon citizens. — ] they may call to their aid, such 
person or persons of their county as they may deem 
necessary. [L. 1903, ch. 83, sec. 2; * * *; Mills An. 
Stat., 1912, sec. 1397.] 

10. Report Fires Promptly to State Forester. 

It shall be the duty of the Sheriffs of the various Counties 
of the State to report as soon as practical the occurrence 
of any fire in any forest or forests in the State, either 
on private or public lauds, and * * *. [L. 1911, ch. 138, 
sec. 7: Mills An. Stat., 1912, .sec. 2992.] 

11. Additional Duties. 

Enforce fire provisions of game and fish law. (See II, 14; 
17.) — Failure to enforce constitutes violation. (See II, 
356.) — Penally, prosecution anil fine. (See II, S5c-j.) 

Enforce fire provisions of forestry act. (See II, 20.) — 
Penalty and prosecution. (See 11, 30.) 

Deprive violators of camping pennies. (See II, 30b.) 

CONSTABLES. 

12. Duties. 

Enforce fire provisions of game and fish law. (See II, 14; 
17.) — Failure to enforce constitutes violation. (See II, 
356.) — Penalty, prosecution and fine. (See II, Z5c-j.) 

Enforce fire provisions of forestry act. (See II, 20.) — 
Penalty arid prosecution. (See II, 36.) 

Deprive violators of camping permits. (See II, 306.) 

STATE GAME AND FISH COMMISSIONER AND WARDENS. 

13. Commissioner Prescribes Regulations Under 

Fire Provisions of the Game and Fish Law.- 
The commissioner ^ shall have power to prescribe such 
rules, regulations and forms as may be required to carry 
out the true intent of this act,^ and not inconsistent here- 
with. [L. 1899, ch. 98, sec. 7, p. 186; ♦ * *; Mills 
An. Stat., 1912, sec. 3140.] 



' Services as Bre wardens. (See II, 7.) 

2 Game and fisli law in cli. 98, 1,. 1899. (See Table of Acts, on p. 9.) 
• As used in this act, unless otherwise specifically reslricied or en- 
larged, * i* * the word commi.NSiouer mean.s the state game and fish 
commissioner; the word warden or wardens includes the chief wardens, 
deputy wardens and special wardens provided for herein: * • * (L. 
1899, ch. 98, p. 189, sec. 18; * * * ; Mills An. Stat., 1912, sec. 3157.1 



STATE FOBESTKY LAWS COLORADO. 



PART 11— Contd.l 

14. Commissioner and Wardens Enforce Fire Pro- 

visions of the Game and Fish Law.' 
The commissioner and every warden ^ throughout the 
State, and every sheriff and constable in his respective 
county, is authorized and required to enforce this act ' 
* * *. [L. 1899, ch. 98, sec. 11, p. 187; Mills An. Stat., 
1912, sec. 3144.] 

15. Prosecute Violators of Fire Provisions. 

It shall be the duty of the commissioner and chief war- 
dens to devote their entire time to the performance of the 
duties specified in this act,' and to cause prosecutions to 
be instituted and conducted for the punishment of viola- 
tions thereof. [L. 1899, ch. 98, sec. 9, p. 186; Mills An. 
Stat., 1912, sec. 3142.] 

16. Have Rights and Powers of Sheriffs -and Con- 

stables. 
In the performance of their duties the commissioner and 
wardens shall have all the rights and powers, throughout 
the state, of sheriffs and constables in their respective 
counties, except as herein otherwise provided. [L. 1899, 
ch. 98, sec. 9, p. 186; Mills An. Stat., 1912, sec. 3142.] 

17. Arrest Violaters, With or Without Warrant. 

* * * and he [commissioner and every warden 
throughout the state, and every sheriff and constable in 
his respective county] shall have full power and authority, 
and it shall be the duty of every such officer, with or 
without a warrant, to arrest any person whom he has rea- 
son to believe guilty of a violation thereof; i * * *. 
[L. 1899, ch. 98, sec. 11, p. 187; Mills An. Stat., 1912, sec. 
3144.] 

18. Post Fire Notices. 

It shall be the duty of the Commissioner of Game and 
Fish to have posted, in manner as required by the State 
Forester, all notices prepared by the State Forester con- 
cerning the prevention and extinguishing of forest fires. 
[L. 1911, ch. 138, sec. 9; Mills An. Stat., 1912, sec. 2994.] 

19. Additional Provisions. 

Failure to enforce fire provisions of game and fish law ' 
ronstilutes violation. (See II, 356.) — Penalty, prosecution 
and fine. (See II, 35c-j.) 

Commissioner has supervision and control over prosecu- 
tions for violation of fire provisions of game and fish act. 
(See II, 3og.] 

Commissioner inakes biennial report to governor. (See 
vol. of Sess. Laws, 1899, ch. 98, sec. 10, p. 186; and Mills 
An. Stat., 1912, sec. 3143.) 

GAME AND FOREST ' WARDENS. 

20. Enforce Fire Provisions of Forestry Act.'' — Ar- 

rest Violators With or Without Warrant. 

Game and forest'' wardens, the land appraisers, and all 

peace officers of the state, are hereby charged with the 



' Game and fish law in cli. 98, L, 1899. (See-Table of Acts, on p. 9.) 

' As used in this act, unless otherwise specifically restricted or en- 
larged * * * the word commissioner means the state game and fish 
commissioner; the word warden or wardens includes the chief wardens, 
deputy wardens and special wardens provided for herein; * * * (L. 
1S99, ch. 98, p. 1S9, sec. 18; * * * ; Mills An. Stat., 1912, sec. 3157.1 

3 There is no provision in the la\vs of the State of Colorado for the 
appointmentofoincialsunderthespecificdesignntion, "forest wardens." 
The term, as used in this act, seems to refer in a general way to officials 
who are appointed to protect the forests of the State. 

< Forestry act in ch. W, L. 1901. fSee Table of .\cts, on p. 9.) 



enforcement of this act m far as it relates to fires in forest 
areas, and shall have full power to arrest, 'with or without 
warrant, all ■vdolators and deliver them to the nearest con- 
stable or sheriff, to be dealt with according to law. [L. 
1901, ch. 83, sec. 13; * » *; Mills An. Stat., 1912, see. 
3013.] 
31. Additional Pro'visions. 

Enforce fire provisions of game and fish law. (See II, 
14; 17.) — Failure to enforce constitutes violation. (See II, 
356.) — Penalty, prosecution and fine. (See II, 35c-j.) 

Penalty and prosecution for failure to enforce fire pro- 
visions of forestry act. (See II, 36.) 

Deprive violators of camping permits. (See II, 306.) 

Are responsible for care of fires when employed by non- 
resident campers. (See II, 30c.) 

DEPUTY APPRAISERS. 

22. Specially Employed to Enforce Fire and For- 

estry Provisions. 

For the purpose of more fully carrying out the provisions 
of this act " the state board of land commissioners are here- 
by empowered to employ such number of persons, not 
exceeding six, as in their judgment are necessary. Such 
persons shall be known as deputy appraisers. Compen- 
sation. — They shall receive for their services the sum of 
five (.$5.00) dollars per diem, [Arrest 'violators, ■with 
or -without warrant. — ]and shall have authority to arrest 
all violators of this act, with or without warrant, [Take 
violators before justice of the peace, or other ofiB.- 
cer. — ] and deliver them to the most accessible justice of 
the peace or other officer authorized by law to act in such 
cases. [L. 1901, ch. 83, sec. 15; * * * ; Mills An. 
Stat., 1912, sec. 3016.] 

LAND APPRAISERS. 

23. Duties. 

Enforce fire provisions of forestry act. (See II, 20.) — 
Penalty and prosecution. (See II, 36.) 
Deprive violators of camping permits. (See II, 305.) 

BOARD OF COUNTY COMMISSIONERS. 

24. Post Camp Fire Notices. 

It shall be the duty of the Board of County Commis- 
sioners of each county in this state, within thirty days after 
this act shall take effect, to cause to be erected and main- 
tained, in conspicuous places at the side of each and every 
traveled highway, and at such other places as they may 
deem proper, at suitable distances along the main traveled 
highways of their respective counties, nctices printed in 
large letters, on strong cloth, substantially in the following 
form, to wit; 

FIRE. 

Camp fires must be totally extinguished before brealting camp, under 
penal;y of not to exceed one month imprisonment, or one hundred dol- 
lars fine, or both as provided by law.' A standing reward of one hun- 
dred dollars ($100) is ottered hy the state, for information which may 
lead to the conviclion of any person, or persons, guilty of cauiiing forest 
fires, in violation of law. 

i Commissioners. 
County. 

a See Table of -Vets, on p. 9, 

' The proN-ision referred to is contained in see. 2, p. 10,5, L. 1885: which 
provision appears to be superseded by later legislation. (Seo JI, 29, 
footnote.) 



STATE FORESTRY LAWS — COLORADO. 



I'A'iT II— Coutd.) 

Counties pay cost. — The erection of such notices shall 
be at the expense of the respective counties: [Number of 
notices posted in each county. — ] and at le.ist twenty 
in number shuU be posted and maintuned in each and 
every county in this state.' [L. 1885, p. 161. sec. 1; 
* * * ; Mills An. Stit., 1912, sec. 1341.] 

FEDERAL FOREST OFFICERS AND TIMU'EK | 
OFFICERS. I 

25. Enforce all Fire Provisions by Direct Authority 

as Fire Wardens, when so Appointed. 

The Governor may, at his discretion, appoint forest 
officers of the United States to act without pay » * * 
• as P'ire Wardens in enforcing the laws of this state as to 
forest fires, [Power to incur fire-fighting expen- 
ses. — ] who shall have power to incur necessary expenses 
to extinguish forest fires. Term of office. — Such forest 
officers shall hold their positions as * * * Fire War- 
dens during the pleasure of the Governor. [L. 1909, 
ch. 168, sec. 1; Mills An. Stat., 1912, sec. 3014.] 

26. Enforce the Fire Provisions of the Game and 

Fish Law by Ex Officio Authority as Federal 

Forest or Timber Officers. 
* » * every officer having authority in relation to 
timber or timber reserves of the Uruted States shall have 
the same authority under this act" as a deputy [game] 
warden. [L. 1899, ch. 98, sec. 14, p. 188; * * »; 
Mills An. Stat., 1912, sec. 3147.] Enforce the forest 
fire provisions of the forestry act, as game wardens, 
whenever so commissioned.- (.See 11, 20.^ 

DISTRIBUTION OF COSTS OF FIRE PROTKCi'lON. 

.STATE.' 

27. Pays: * 

Expenms ituiiladid to enforcing forest fire protection* itt- 
acrred by the fMnwing officers: Stnte forester (.see II, 1-3); 
State game and fish commissioner and wardens (see volume 
of Session Laws of 1899, ch. 98); deputy appraisers (.'ee II, 
22); land appraisers (see II. 23); Federal forest and timber 
officers (see II, 25). 

Costs of publishing und pouting fire regulutionjs ("see II. -5). 

COUNTIES. 

28. Pay: 

Sheriffs' and deputies' salaries and expenses* necessari/ and 
incidental to their fire protection duties. (See II, 8.) 
Costs of posting camp fire notices. (See II. 24.) 



• The remainder of this section, embracing ihe provision for posting of 
similir notices by the state forest commissioner, was doiilitlcss rendered 
inoperative by the repeat, in 1S97, of the act which provided for the 
appointment of a state forest commissioner (act of Apr. i, ISS.'ii. 

n See Table of Acts, on p. 9. 

-It is custom >ry to commission national forest officers to be game 
wardens so that tliey may enforce the game and flsh laws. 

• Continuing appropriations. — * * * there is hereby appropriated, 
(or each successive biennial period [following 1911 and 1912], the said 
sum of Ton Thousand (S10,0«l) Dollars for such purposes |thosc of ch. 
13S, L. lull (see Table of Acts on p. H)], and the .\uditor of Slate is here- 
by authorized to draw his warrants upon said funds, upon the order of 
The State Board of Agriculture, signed by its President and counter 
sijned by its Secretary. |I.. 1911, ch. 13S, sec. 12; Mills An. Stat., 1912, 
sec. 2997.] 

• Inasmuch as these officers are authorized to extinguish fires, such 
expenses would necessarily include a part al least of the cost of fire 
flghting. 

13139—17 2 



KINDLING FIRES IN THE OPEN. 

PROHIBITIVE HE.STRICTIONS. 

29. On State and Federal Lands, or Lands from 

which Fires may Spread thereto.' 

a. No person shall set fire to any timber or grass on land 
belonging to tliis .state or to the United States, or set fire 
in . iiy place where it is liable to spread to such timber or 
grass, [Camp fires required to be extinguished. — ] 
nor leave any camp fire unextinguished, and * * * 
[L. 1899, ch. 98, sec. 14, p. 188; * * *; .Mills An. Stat., 
^912, .sec. 3147]. Penalties, prosecutions and fines. 
(See II, 3,5.) 

6. Protection of smaller trees. -[Every person 
applying to cut trees on state lands is required to state in 
the application] that he will carefully protect from fires 
or other damage all trees less in size than those desired to 
cut; * * * [L. 1901, ch. S3, sec. 2(c); * * *; Mills 
An. Stat., 1912, sec. 3002 (c)]. Criminal and civil lia- 
bility and prosecutions. (See 11, 3G; 33.) 

30. On all Lands. 

a. Except as to open Hies sufficiently guarded.— 
No open fires not sufficiently giiarded to prevent spreading 
shall be allowed in any forest area in this State. [Live coals 
extinguished with water. — ] and all live coals emptied 
from any stove or remaining from any open fire shall be 
at once and completely extinguished willi water before 
lea\'ing. [L. 1901, ch. 83, sec. 10: « * »; Mills An. 
Stat., 1912, sec. 3010.] 

b. Except as to legal residents of the State, either 
in their o^vn county, or having a camping permit in 
any other county. — No person, party or parlies, shall be 
allowed to camp, either for busine.ss or pleasure, in any 
forest district of this State outside of the county in which 
they legally reside, without first taking out a permit so 
to do. Permit contair.s fire provisions of forestry 
act. — Such permit .shall bear such part of this act as 
relates to fires and their care, and shall be is.sued by Ihe 
clerk of any county court within the State upon the pay- 
ment of the sum of fifty cents as a fee. Produced on 
demand — Permits must at all times be produced and 
shown to any game or forest w-arden,^ land appraiser, con- 
stable, sheriff, or other official empowered by law to 
demand the same, [Subject to recall. — ] and such permit 
may be taken up by .such warden, land appraiser or other 
official whenever the holder thereof shall vrillfully violate 
theprovi.sionsofthisact. [L. 1901,ch. 83.sec. 11; * * *; 
Mills An. Stat., 1912, sec. 3011.] 

c. Except as to non-residents who have a guide.— 
Non-residents of this Stateshall not camp within the fore.st 
districts for pleasure until they shall have obtained the 
services, at their own cost, of a game or forest warden as 



' The legislation shown in this and the following sec. (II, 29,30) appears 
to supersede, practically, the earlier provisions prescribing penalties for 
the setting of fires endangering woodlands, and for failure to extinguish 
camp tires, contained in I.. ISfil, pp, 317. 31S, sees. 129, 130, 131, 132, and 
cer:ain subsequent enac.raonts, shown in Mills An. Stat., 1912, sees. 2011, 
2312, 2013, 201 1. 

' See II, 2.1, footnote 3. 



STATE FOKESTKY LAWS — COLOEADO. 



PART Il-Contd.] 

conservator of the State's interests, [Wardens responsi- | 
ble for fires. — ] and such wardens will be held strictly 
responsible for the care and prevention of fires from 
extending to the forest areas. [L. 1001, ch. £3, sec. 12; 
* * *; Mills An. Stat., 1912, sec. 3012. J Criminal and 
civil liability and prosecutions. (See 11, 36; 33.) 

RAILROADS. 

GENERAL REQUIREMENTS. 

31. Equip and Operate Locomotives to Prevent 

Causing Fires. 

fil. * * * every locomotive used in such forest area 
shall be so equipped and operated as to prevent the setting 
on fire of any tree growth along or adjacent to such right 
of way. [L. 1901, ch. S3, sec. 14; * * *; Mills An. 
Stat., 1912, sec. 3015.] Each day's neglect constitutes 
a separate offense. — ^2. Each day's neglect to properly 
equip and operate as herein directed any locomotive shall 
be deemed a separate offense, punishable in like manner 
and with like penalties. [L. 1901, ch. S3, sec. 14; * * *; 
Mills An. Stat., 1912, sec. 3015.] Civil liabiUty (Special 
provisions in forestry act). (See II, 32, 112.) Ciimi- 
nal and civil liability, and prosecutions (General pro- 
visions i.i forestry act). (See II, 36; 38.) 

32. Clear Rights of Way. 

1[1. The right of way of any raiboad within the forest 
areas of this state shall be kept free from inflammable 
material, and * * * [L. 1901, ch. 83, sec. 14; * * •; 
Mills An. Stat., 1912, sec. 301.5.) Civil UabiUty (Special 
provisions in forestry act). — 1i2. Any destruction 
caused by a violation of this sections of this act shall be 
appraised by the appraiser of the state board of land com- 
missioners, [Suit if payme-t not made withii ni:ety 
days. — ] and if the appraised value of such destruction 
is not paid by the oliending railroad company within 
ninety days of such appraisement, then and in that case 
the state board of land commissioners shall bring suit in 
the name of the state torecover all damages, losses and 
costs caused by or arising out of the wrongful acts or negli- 
gence of the offending railroad compp.ny. Damages in.- 
clude value of trees: (1) Commercially; (2) As con- 
servators of waters; (3) As promoters of adjace-t 
tree growth. — The measure of damages shall consist of 
not only the actual commercial value of the trees de- 
stroyed, but also their value as conservators of the snows, 
ico or irrigation waters contemplated in this act and pro- 
moters of adjacent tree growth.' — [L. 1901, ch. 83, sec. 14; 
* * *; Mills. An Stat., 1912, sec. 3015.] Criminal and 
civil liability, and prosecutions (General provisions 
in forestry act). (See II, 36; 38.) 



o See Tabic of Acts, on p. 9. 

' So far as concerns precautions against fires along railroad rights of 
way adjacent to or through forest lands, anil as concerns the operation 
of roads, the general provisions in sections U, 16, 17, of this forestry act, 
appear to supersede the earlier requirements in L. 1871, p. 22.5, sees. 1, 2, 
3, in respect to ploughing fireguards and burning vegetation along the 
tracks, with provision for criminal and civil liability, and payment of 
lines into the county school fund. (For the earlier provisions, see Mills 
An. Stat., 1912, sees. 6158, 6159. 6160.1 



33. Recovery of Damages for Injuries Caused by 

Fires from Operating Railroads is Restricted. 
Limitation of time for bri agi.ng action. — Every rail- 
road company operating its line of road, or any part thereof, 
within this state shall be liable for all damages by fires that 
are set. out or caused by operating any such line of road, 
or any part thereof, in this state, whether negligently or 
otherwise; and such damages may be recovered by the 
party damaged, by the proper action, in any court of com- 
petent jurisdiction; Provided, The said action be brought 
by the party injured within two years next ensuing after 
it accrues; [Right of recovery may not be assigned or 
otherwise passed to another. — ] and Provided further. 
That the liability herein imposed shall inure solely in 
favor of 'the owner or mortgagee of the property so dam- 
ajjed or destroyed by fire; and the same shall not pass by 
assignment or subrogation to any insurahce company that 
has written a policy thereon; Pro\dded, That nothing in 
this act shall be held to apply to or in any manner affect 
any right which has accrued prior to the passage hereof 
or any cause or suit now pending. [L. 1903, ch. 153, sec. 
!;**»; Mills An. Stat., 1912, sec. 6161.] 

COMPULSORY BRUSH AND SLASH DISPOSAL 

INCrOENT TO LUMBERING. 

34. On State Lands. 

[Every person applying to cut trees on State lands is 
required to state in the application :] That he v\ill entirely 
remove, as directed by the state board of land commis- 
sioners, all cut trees and their branches in such manner 
that fires may not consume the smaller trees; * * * 
[L. 1931, ch. 83, sec. 2(d); * * *; Mills An. Stat., 1912, 
sec. 3002 (d).] Criminal and civil liability, and prose- 
cutions. (See II, 36; 3S.) 

LEG.4L PROCEDURE. 

CRIMINAL. 

35. For Violations or Attempted Violations of Fire 

Provisions in the Game and Fish Act.' 
0. Attempted violations. — Every attempt to violate 
any pro\'ision of this act ' shall be punishable to the same 
extent as an actual \iolation thereof, and any such attempt 
or \'iolation by an agent, clerk. ofEcer, or eirploye while 
acting for a corporation, shall render such corporation 
liable also, and an accessory may in all cases be prosecuted 
and punished as a principal. [L. 1899, ch. 98, sec. 1, p. 
217; * * *; Mills An. Stat., 1912, sec. 3290.] 

6. Failure to perform the acts or duties required. — 
The failure by any person or officer to perform any act, 
duty or obligation enjoined upon him by this act shall be 
deemed a violation thereof. [L. 1899, ch. 98, sec. 2, p. 
217; * * *; Mills An. Stat., 1912, sec. 3291.] 

c. Penalty. — Every person or officer violating any of 
the provisions of this act, * * *^ shall be guilty of a 
misdemeanor and be punished by a fine of not less than 
$25, not more than $500, or by imprisonment in the county 
jail not less than ten days nor more than six months, or by 



I I-. 1899, ch. 98. (See Table of Acts, on p. 9.) 



STATE FORESTRY LAWS COLORADO. 



PART Il-Contd.J 

both such fine and imprisonment. [L. 1899, ch. 98, sec. 4, 
p. 217; * * ♦; Mills An. Stat.. 1912, sec. 3293.] 

d. Imprisonment fcr non-payment of file. — Every 
person con\-icted and fined under this act shall be im- 
prisoned until the fine and costs are paid, and shall not be 
discharged therefrom on account of his inability to pay 
the same, until he shall have been actually imprisoned 
one day for each $5 of the fine. [L. 1899, ch. 98, sec. 5, p. 
217; * * *; Mills An. Stat., 1912, sec. 3294.] 

e. Initiation of proceed! igs. — Ijl. In case of a viola- 
lion of this act by a corporation, the warrant of arrest may 
be read to the jiresident, secretary or manager in this state, 
or any general or local agent thereof in the county where 
the action is pending, and upon the return of such warrant 
so served, the corporation shall be deemed in court 
subject to the jurisdiction thereof, and any fine imposed 
may be collected by execution against the property of 
such corporation, but this section shall not be deemed to 
exempt any agent or employe from prosecution. [L. 
1S99, ch. 98, sec. 21, p. 193; * » *; jmis An. Stat., 1912. 
sec. SlfiO.] 1'2. Prosecutions under this act may be com- 
menced either by indictment, complaint or information, 
and district and county courts and justices of the peace in 
their resjjective counties shall have concurrent original 
jurisdiction of all offenses under this act, * * *, of 
which justices of the peace shall not have jurisdiction, 
otherwise than as committing magistrates. [L. 1899, ch. 
98, sec. 6, p. 218; * * *; Mills An. Stat., 1912, sec. 
3295.] 

/. Jury trial — Appeals. — The accused shall be entitled 
to a jury as in other criminal cases, and an appeal shall lie 
from a justice of the peace as in cases of assault and battery. 
Appeals from and writs of error to the district and county 
courts shall lie as in other criminal cases. [L. 1899, ch. 98, 
?ec. 7. p. 218: *■ * *; Mills An. Stat., 1912, sec. 3296.] 

g. District attorneys prosecute. — It shall be the 
duty of each district attorney to prosecute all violations of 
this act, occurring within his district, that may come to 
his knowledge, or when so requested by the commissioner 
[State game and fish commissioner] or any ofiicer charged 
with its enforcement, the same at all times to be stibject 
to the super\-ision and control of the commissioner. [L. 
1899, ch. 98, sec. 8, p. 218; * * »; Mills An. Stat., 1912, 
3297.] 

h. Participants testify.— In any prosecution under 
this act, any participant in a \'iolation thereof, when so 
requested by the district attorney, commissioner, warden 
or other officer instituting the prosecution, may testify as 
a witness against any other person charged with violating 
the same, and his evidence so given shall not be used 
against him in any prosecution for such violation. [L.1899, 
ch. 98, sec. 9, p. 218; * * »; Mills An. Stat., 1912, sec. 
3298.] 

i'. Disposition of fines. — All moneys collected for 
fines under this act shall be immediately paid over by 
the ju.stice or clerk collecting the same, as follows: One 
third into the treasury of the county where the offense 
was committed, one third to the commissioner, and one 
third to the person instituting the prosecution. Provided, 



That it the person instituting the prosecution shall fail 
for ten days after such collection and due notice thereof, 
to demand the portion to which he is entitled, the same 
shall be paid to the commissioner and the right of such 
person thereunder shall be deemed forfeited.' The com- 
missioner, any warden or oflx'er instituting a prosecution 
shall be entitled to a share in the fines collected the same 
as any other person, and it shall be a personal perquisite 
for which he need not account. [L. 1899, ch. 98, sec. 
10, p. 218; * * *; Mills An. Stat., 1912, sec. 3299.] 

j. Result of prosecutions reported to commis- 
sioner. — It shall be the duty of every justice of the i)eace 
and clerk of a court before whom any prosecution under 
this act is commenced or shall go on appeal, and within 
twenty days after the trial or dismissal thereof, to report 
in writing the result thereof and the amount of fine col- 
lected, if any, and the disjiosition thereof to the commis- 
sioner at Denver. [L. 1899, ch. 98, sec. 11; p. 219: « » «; 
Mills An. Stat., 1912, sec. 3300.] 

36. For Violations of the Forestry Act.-' 
Penalty. — IJl. Any person xdolating any of the pro- 
visions of this act 2 shall be deemed guilty of a misdemeanor, 
and on conviction thereof shall be fined in the sum of 
not less than twenty-five nor more than one hundred 
dollars or by imprisonment of not less than fifteen days 
nor more than sixty days or by both fine and imprison- 
ment as the court may direct. [L. 1901, ch. S3, sec. IG; 
* * *;MillsAn. Stat., 1912, sec. 3017.] Prosecution.— 
^2. The district attorneys of the ^•arious judicial districts 
of the state are hereby directed to pro-Tcute in the name 
of the state all cases arising under this act.- [L. 1901. 
ch. 83, sec. 17; * * *; Mills An. Stat., 1912. sec. 3018.] 

37. For Bemoving or Destroying Posted Notices. 
a. Forest fire notices. — .\ny person who removes, 

injures, or defaces any sign or signs placed or maintained 
in pursuance of section 9^ shall be deemed guilty of a 
misdemeanor, and upon conviction, shall be fined not to 
exceed $25.00 and costs of prosecution, or imprisonment, 
not to exceed thirty days in the County jail, or both, at 
ihe discretion of Court. [L. 1911, ch. 138, sec. 10; Mills 
An. Stat., 1912, sec. 2995.] 

h. Camp-fire notices. — Whoever shall willfully destroy, 
remove, injure, or deface, any such notice,' erected on 
any highway as aforesaid, or shall willfully injure or de 
face any inscription or device comprising such notice, 
shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof, before any justice of the peace or court of 
competent jurisdiction, shall be fined not exceeding one 
hundred dollars, or imprisonment [imprisoned] in the 
county jail not exceeding three months, or both, in the 
discretion of the court. [L. 1885, sec. 2, p. 162; * * *; 
Mills An. Stat., 1912, sec. 1342.] 



» Cerlaln moneys ro:'cived 1>y the wardens and tlie commissioner, 
under this act, nre paid over to the State treasurer, and constitute a 
same fund. (Sec volume of Session Laws, 1399, ch. 9S, sec. 8; Mills An. 
Stat., 1912, see. .lUl.l 

« L. 1931, ch. 83. (See Table of Acts, on p. 9.) 

» See IT, 18. 

* Notices posted hy hoards of county comraissionerg. (See II, 24.) 



STATE FORESTRY LAWS COLORADO. 



PART II— Contd.) 

civa. 

38. For destroying Timber of the State by Fires in 
Violation of the Forestry Act.' 
Damages. — Suit may also be brought in the name of 
the state for damages arising from fires destroying the 
timber or the trees of the state whenever such damage 
has been caused by any violation of the proWsions of 
this act ' by any person or persons engaged in any business 
or pleasure pursuit whatever. [L. 1901, eh. 83, sec. 16; 

' L. 1901. ch. 83. (See Table ot Acts, on p. 9.) 



* * *;MillsAn. Stat., 1912, sec. 3017.] Prosecution.— 
(See II, 36 112.) 

39. For Causing Damage to Another Through Set- 
ting on Fire Woods or Prairies. 

If any person shall set on fire any woods or prairie, so 
as to damage any other person, such person shall make sat^ 
icfaction for the damage to the party injured, to be recov- 
ered in an action before any court of competent juris- 
diction. [G. L. 1877, sec. 2160; * * * Mills An 
Stat., 1912, sec. 2189.1 



PART III.— PUBLIC FORESTS. 



(Thii pirt co-nprises tha pro-l^ioTUi of la-v, if aay. tor the ejtablijh-nent ani care ot stito and muni -ipal forests, and for the practice of forestry 



on these and on other land^ owned by the State.) 

NoTE.^No sp3 'iSc provision is made for the estab- 
lishment of State forests, or f.ir the pra.'tice of forestry 
on other State lands, except in so far as it may be 
accomolished by the State board of land commission- 
ers, when making sales of timber from such lands, 
through the observance of the watershed protection 
and diamster-limit provisions of the law of 1901,' 
supplemented and extended, when the board so de- 



sires, by technical data and advice supplied by the 

State forester. (See I, 96.) 

Provision is made for the management of State 
forests whenever they are established. (Sec I, 6.) 

1 See voUime of 1901 Sess. Laws, ch. 8.1, sees. 1. 2, 6: Mills An. Stat. 
1912, sees. 3001, 3002, 3006. 



PART IV.— TAXATION. 



(This part co-nprises the provisions of law, if any, covering; the classileation and taxation of lurestert lauds and lands to be forested, the purpose 
of whi h is to encourage the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxa- 
tion provisions, if any, conoerninp state or municipal forests, or other state lands, see Part III.) 



1. Value Due to Forest Planting not to be Taxed 

for Thirty Years unless Economic Maturity 

Occurs Prior to that Time. 

"1 1. That the increase in value of private lands caused 

by the planting of timber thereon, other than fruit trees 

and hedges, shall not, for a period of 30 years from the date 

of planting, be taken into account in assessing such lands 

for taxation; such exemption to apply to all lands hereto- 



fore or hereafter planted, except as hereinafter provided. 
[L. 1911, ch. 218, sec. 1; Mills An. Stat, 1912, sec. 6199.] 
H 2. In the event that any of such timber shall, prior to 
the expiration of the 30 years, become sufi:ciently mature 
to be suitable for economic use, then the increase of value 
caused by that so maturing shall be taken into account in 
assessing the land for taxation thereafter. [L. 1911, ch. 
218, sec. 2; Mills An. Stat., 1912, sec. 6200.] 



STATE FOBESTRY LAWS COLOBADO. 

TABLE OF ACTS. 
LEGISLATION, AS AMENDED THBOUGH BEG. SESS., 1917. 



Session laws prior to 1912 codification.' 



Equivalent rolerences in this leaflet. 



Oen. Laws, 1877 -, sec. 2153. . 

L. 1885, p. 161, sec. 1. 

p. 162,800.2., 

I.. ISM. ch.98, p. 188, sec. 7. 

9. 
p. 187, seo. a 
p. 188. sec. 14 
p. 183, sec. 18 
p. 190, sec. 21 
p. 217, sec. 1.. 

2. 

4.. 

5.. 
p. 218. sec. 6.. 

7.. 

8.. 

10. 

p. 219, SCO. 11. 

L. 1901, ch. S3, soo. 2(c),(d) 

10 

11 

12 

13 

14 

15 

18 

17 

L. 1903, Ch. 83, sec. 1 

2 

153, sec. 1 

L. 19D3, ch. 108, sec. 1 

L. 1911, ch. 138, sec. 1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

• " 

12 

ch. 218, sec. 1 



1341 

1342 

3140 

3142 

3144 

3147 

3157 

3160 

3290 

3291 

3293 

3294 

3295 

3296 

3297 

3298 

3299 

3300 

3002(c),(<O 

3010 

3911 

3012 

.3013 



3018 
1398 
1387 
6161 
3014 



2990 
2991 
2992 
2993 
2994 
2995 
2996 
2997 
6199 
6209 



II 39. 

II 24. 

II 376. 

II 13. 

II 15, 16. 

II 14, 17. 

II 29(1, 26. 

II 13, footnote 3. 

II.35f1H. 

II 35ii. 

II 354. 

1135c. 

II 35d. 

II 35t1I2. 

II 35/. 

II 3r,g. 

II 35/1. 

II 35i. 

II 35;. 

II 236, 34. 

II 303. 

II 306. 

II 30c. 

II 20. 

II 32111, 31111, 32112, 31112. 

1122. 

II 36tl, 38. 

II 36112. 

117. 

II 9, 8. 

1133. 

II 25. 

11,4,2. 

15. 

16, 8, 9a. 11,5. 1,7. 

196. 

II im. 

I 9c. 

II 10, 1112. 
II 2, 3. 
II 18. 
11 370. 
112. 

II p. 5, footnote 3 
IV Itl. 
IV 1112. 



11,4. I, U. 



1 See alto L. 1861, pp. 317, 318, sees. 123, 130, 131, 132; and sees. 2011, 2012, 2013, 2014, Mills An. Stat., 1912, referred to in footnote 2 to II, 29, 30 . 
' This reference indicates an earlier code (General Laws of 1877), instead of a session law. 

STATE FORESTRY LAWS LEAFLETS ALREADY PUBLISHED.' 



1. Wisconsin. 


6. Texas. 


11. NewJeraev.* 


16. Illinois. 


2. Louisiana. 


7. Virginia. 


12. Washington. 


17. Ohio. 


3. North Carolina. 


8. Idaho. 


13. Indiana. 


18. Connecticut. 


4. Maryland. 


9. Oregon. 


14. Minnesota. 


19. Massachusetts. 


5. Missouri. 


10. Wyoming. 


15. Montana. 


20. New Hampshire. 



The laws of other States, so tar as they have been compiled, are available for loan tlirough the Forest Service Library, Washington, D. C. 
' Indicates that the supply ia exhausted. 



WASHINOTO.V : QOTEBNUENT PBINTINO OFFIO : UU 



Miso. S— 26. 

Forestn- T.aws I paflpt No. 22. 



l)Bt.6 o( Issue, January 4, 191*. 



United States Department of Agriculture 

l' FOREST SERVICE 

Henry S. Graves, Forester 

STATE FORESTRY LAWS 

A parallel classirication showing the comparative progress of each Slate in forestry legislation 

WEST VIRGINIA 

(Serial I— Through Reg. and Sp. Sessions, 1917) 
Compiled in the Office of State Cooperation by Jeannie S. Peyton 



CONTENTS. 



Purpose of compihitiou 

Part I. — AdmJuistration 

Torest, ganio, and flsh warden 

.State forester 

Deputy forest, game, and (Ish wardens . 

Clilcf deputy wardens : 

Deputy wardens 

E.\ oflicio depnty wardens. . 
K xpcnditures 

State 

General funds appropriated 

l.ogal procedure 

Institution of proceedings . . . 

Fines and other moneys. . . . 

Fart II.— Fire protection 

Fire warden 

State forester 

Special deputies and inspectors . 

Special deputy fire wardens 

Oeputy Are wardens 



I'jirt II— I ontiniiwl. 

I'ire-fighting laborers : 

Distribution of costs of fire protection. , 

State .'. 

Cmmtics 

K indling fires in the open 

(Joneral precautionarj- restrictions. 

Prohibitive restrictions 

Railroads 

lieneral requirements , 

E mployees 

Liability.. 

I ompiilsory brush and sla.* disposal. .. 

In general 

Legal procedure 

Part III.— Public forests '. 

State forests 

Part r\'.— Taxation 

Table of Acts. 



PURPOSE OF COMPILATION. 

The compilation of which this leaflet is but a part aims to meet a manifest need of the 
times for a work of reft^rence by means of which the legislation underlying the forestry activities 
of the various States can readily be studied and compared. To this end, only such of the State 
laws as bear more or less directly upon the practice of forestry are here compiled, to the exclusion 
of all other laws concerning timber and trees, of all detailed forest insect and fungus provisions 
(which, while germane to forestry, usually arise from acute local conditions, and are not of 
general interest), as well as of aU annual or bieimial appropriations, and t)ther similarly transitory 
provisions. Succeeding issues of each State leaflet, to form a separate series for each State, 
will serve to keep these fundamental laws up to date and free from encumbrance by obsolete 
provisions. The laws themselves have been analyzed and classified, in detail, to show the 
activities of the various oHicers and governing bo<Ues, as these bear on ■' Administration," " Fire 
Protection," "Public Forests," and "Taxation," the text being skelotonizetl in blackface type, 
and copiously cross-referenced, in italic, to aid the rapid sensing of the ontii-e legislation or of 
any particular pai't of it. A Table of Acts is appended to each Icallet for the benefit of any 
who do not have access to the original enactments from which the provisions used in the com- 
pilation were taken, and who desire to reconstruct them. 



STATE FOKESTEY LAWS — WEST VIRGINIA. 

PART I.— ADMINISTRATION. 



11 ^\<, 



(This part comprises the provisions oJ law, if any, dsrniiag the genaral ailmiaistrative duties olthe regularly constituted State forestry oflidals; 
also ojrtain miscellaneous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other State officeis In 
connection with forest fires. State and muniMpal forests or other State lands, or forest taxation, see Parts 11, III, and IV respectively ) 



FOREST, GAME AND FISH WARDEN. 

1. Appointment— Term ol Office — Discharge of Duties. 

Til. The governor shall between the first day of June ami 
the first day of July, one thousand nine hundred and nine, 
appoint some person, a citizen of this state, whose terra of 
office shall begin on the first day of July, one thousand 
nine hundred and nine, to the office of forest, game and 
fish vFarden. Said warden shall hold his office for four 
years and until his successor has been appointed and 
qualified, unless sooner removed for cause by the gov- 
ernor. * * * 1[2. Said warden shall devote all his time 
to the discharge of the dtities of his office, imposed upon 
him by law. [L. 1909, ch, 60 (sec. 1); Code 191.3, sec. 3449 
(ch. 62, sec. 1).] 

2. Salary and Expenses. 

He shall receive for his services the sum of eighteen 
hundred dollars per annum, to be paid out of the treasury 



regard to the protection of forest and the protection and 
propagation of game and fish, the publishing thereof, 
[Has charge of official reports and books.—] and the taking 
charge of and keeping all reports, books, papers and docu- 
ments which shall, in the discharge of his duties hereunder, 
come into his possession and control, |Prosecutes violators 
of forest laws. — ] and the institution of all proper legal 
proceedings to enforce the pro\'isions of law, now in force, 
or hereafter enacted, in reference to forests, game and fish.' 
[L. 1909, ch. fiO (sec. 2): Code 1913, sec. 3450 (ch. 62. 
sec. 2). J 
6. Makes Biennial Report and Fiscal Statement. 

Said warden shall, on or before the first day of January, 
one thousand nine hundred and eleven, and biennially 
thereafter, submit to the governor, a detailed report show- 
ing what has been done by him during the preceding 
biennial period, the amount of all moneys received by him 



quarterly, after being duly audited; and shall be allowed i ^^^ *""'" '"'"'J* ""'"'™'' '" detail, a complete inventory of 
mileage of three cents a mile while traveUng by railroad !l!,ltTll"l!! f'.,f fJ^"!! .'?,'!'' -.^,'''^..!°'!!' ,?.''. *^ 
or steam-boat, and ten cents a mile while traveling other- 
■\vise than railroad or steam-boat, for the distance neces- 
sarily traveled while actually in the discharge of his 
official duties as such warden. Mileage expense approved 
quarterly— Amount limited.- Pro!)tc?erf, hoiuever. That the 
mileage expenses of said warden shall be reported quar- 
terly under oath to the governor and approved by him; 
end provided, further, That such mileage e.xpenses shall 
not, in any one year exceed five hundred dollars. [L. 
1909, ch. 60 (sec. 1); Code 1913, sec. 3449 (ch. 62, sec. 1).] 
3. Bond. 
The forest, game and fish warden and the chief deputy "^''^*®'' ''^ ^'"^ "^ °*'^«'" ^'"'' '^"' "'edited; 



wardens, shall each, before entering upon the discharge of 
their respective duties, execute a bond in the penalty of 
•.hree thousand five hundred dollars, with security therein 
to be approved by the governor, and conditioned for the 
faithful performance of their duties, and to account for 
and pay over all moneys and property coming into their 
hands, due and belonging to the state, * * * which 
said bonds, after having been approved by the governor, 
shall be deposited with the auditor. [L. J909, ch. 60 
(sec. 6); Code 1913. sec. 34.54 (ch. 62, sec. 6); L. 191.5, 
ch. 14 (sec. 6).] 

4. Allowed Printing and Stationery Privileges. 
The forest, game and fish warden shall be allowed all 

necessary printing, printed blanks, stationery and postage; 

[Expense for printing approved by governor.—] but before 

he shall incur any expense for printing, he shall fir-st make 

requisition therefor upou the governor, who, in his discre- { ^^'^- •^^)' ^'- ^^^^' ^-^^ '•'^ (^*"^- '^l)-] 

tion, approving the same, shall issue his warrant to the i 10. Bond 

warden for said printing, the cost and expense therefor 

to be paid out of the state treasury. [L. 1909, ch, RO 

(sec. 10); Code 1913, sec. 3468 (ch. 62, sec. 10).] 

5. General Powers and Duties. 
The forest, game and fish warden shall have general 

charge of the following public matters, and necessary 
powers therefor. Publishes information concerning the 
forests. — The collection and diffusion of such statistics, 
literature and information as he may deeral 



amount received therefor, and the amount of disburse- 
ments in detail. Books and vouchers subject to examina- 
tion by state auditor.— The books and vouchers of said 
warden shall be subject to examination by the auditor 
of the state at all times. [L. 1909, ch. 60 (sec. 2); Code 
1913, sec. 34.50 (ch. 62, sec. 2).] 

7. Pays into State Treasury One-Half of Fines. 
[After payment to each deputy warden of half of every 

fine resulting from prosecutions by him ^] the other half of 
such fine shall be paid to forest, game and fish warden, who 
shall pay the same over to the treasurer of the state, to be 

[L. 
1909, ch. 60 (sec. 1); Code 1913, sec. 3449 (ch. 62, sec. 1).] 

8. Additional Duties. 
Appoints: 

State forester. (See I, 9.) 

Chief deputy wardens. (Seel, 12.) 

Deputi/ vvrdens. (See I, 18.) 
Approves and submits to fjovernor mileage accounts of 
chief deputy wardens. (See I, 13.) 

Furnishes report blanks to deputy wardens. (See I, 16.) 

STATE FORESTER. 

9. Appointment.' 
[The forest, game and fish warden] shall appoint some 

suitable person of sufficient education, training and prac- 
tical experience in fore.stry, as state forester, » * * 
[L. 1909, ch. 60 (sec. 51); Code 1913, see. 3515 (ch. 62, 



Before entering upon the dischaige of his duties, the said 
state forester shall execute a bond in the penalty of three 
thousand five hundred dollars, with siuety therein, to be 
approved by the. forest, game and fish warden, and condi- 



' £oe also 1, 27. 
'See I, Ul. 

' There is no spei-tfii* provision 
s;vlary and expenses. They are, 
. .r!thc"'Tijrost, r,am( 

^f^Y'OF. ^CONGRESS \ 



I law concerning the state forester's 
ocordiugly, paid out of the general 
. and Fish Protective Fund. ' ' {See 



STATK FOBESTRY LAWS— WKST VIRGINIA. 



I'AUT I— Cimtd.l 

tioned for the faithtul performance- of his duties and to 
account far and pay over all moneys coming into his hands 
due and belonging to the state, « » • which said 
bond, after having been approved by the warden, shall 
be deposited with the auditor. [L, 1909, ch. 60 (sec. 51); 
Code 1913, sec. 3515 fch. 62, sec .51); L. 1915, ch. 15 
(,«ec. 51).] Penalty for false returns as to m-oneys collected 
or disbursed, or failure to pay over fines. — (See I, 32.) 

11. Duties in General. 

Reforesting lands.- ' ' * who [the state forester] 
shall work under the direrlion of the forest, game and fish 
warden, and assist him in formulutiug the best methods of 
re-foresting cut over and denuded lands, [Preventing 
fires. — ] preventing the deslrui:tion of forests by fire, [Ad- 
ministering state forest lands.—] administering the forests 
on forestry principles, jPromoting private forest manage- 
ment. — ] instnictiug and encmir.iiring private o\mers ir 
preserving and iirowing timber for eommerci;il and mniiu- 
f.ietiuing purpo-es, [Establishing and maintaining patrol 
and lookout work. — ]estiil)li?hing, equipping and maintdiu- 
ing patrol routes and lookout stations, [Securing coopera- 
tion of private and federal agencies. — ] and securing the 
aid and co-operation of individuals, companies, organiza. 
tionsand the federal government. [L. 1909, ch. 60 (sec. 51;) 
("odel913,.sec. ;5515(ch. 62, sec. -M); L. 1915, ,)h ,1.5) sec, 51). 

DKPIITV FOREST. GAMli AND FISH WARDENS. 

CHIEF DRPIITY WARDKNS'. 

12. Appointment — Term of Office. 

Said warden [forest, game and fish warden] shall appoint 
two persons who are citizens of this state and one of whom i 
shall reside in the eastern section of the state, chief deputy ' 
wardens of forests, game and fish, s.iid chief deputies shall 
hold tlieir office at the pleasure of the warden appointing 1 
them. [L. 1909, ch. HO (sec. 1); Code 1913, sec. 3449 
(ch..62, sec. 1).] I 

13. Salary and Expenses. 

Said chief deputies shall each receive for their service, 
the sura of nine hundred dollars a year, to be paid out of 
the treasury quarterly after being duly audited, and shall 
be allowed mileage of three cents a mile while traveling j 
by railroad or steamboat, and ten cents a mile while travel- ! 
ing otherwise than by railroad or steamboat, for the dis- j 
tance necessarily traveled for the purpose of performing 
the duties imposed upon them by law, and they shall de- 
vote all their time thereto, [Quarterly reports made as to 
mileage — Approval. — ] such mileage expense of either of 
said chief deputies, shall be reported quartely [(piarterly] 
under oath to the warden and approved by him, and for- : 
warded to the governor and approved by him ; [Limitation 
of mileage. — ] provided, houever, that ,said mileage in any ! 
one year, shall not exceed four hundred dollars to each > 
chief deputy warden. [1>. 1909, ch. HO(sec. 1); Code 191:J, ! 
sec. 3449 (ch. 62, sec. 1).] j 

14. Are Under Direction of the Forest, Game and Fish | 

Warden. j 

1|1. The chief deputy aud deputy wardens shall act and ' 
be under the direction and supervision of said forest, game \ 
and fish warden. * * * ^2 and shall be immediately : 
respon,sible to the warden, aud * * * 1]3 receive in- I 
structions from him. [L. 1909, ch. (iO (sec. 3); Code 1913, i 
sec. 3451 (ch. 62, sec. 3).] 



15. Enforce Forest laws. 

Said chief deputy and deputy wardens shall have au- 
thority, and it shall bo their duty to enforce the game, fish 
and forest l.tws of this state, now in force or hereafter 
enact:;d, for the protection of forests and protection, pres- 
ervation and prop.xgation of gtme, fish and birds. » • » 
[L. 1909, ch. (iO (.«c. 3); Co.b 1913, sec. 3451 (ch. 62, .sec. 
3).] Prosecute offenders.— (See I, 276, c.) 

16. Make Reports to ii'orest. Game and Pish Warden. 

a. Quarterly reports upon work m gsneral.— The ap- 
pointed deputy wardens shall on the first of the months of 
I January, A|)ril, July and October of each year make a 
report under o.ith to the forest, game and fish warden, 
which reports shall show in det;ul the work done by them 
severally during the three months next preceding. The 
forest, game aud fish warden shall furnish the deputy war- 
dens all necessary blank forms and stationery for making 
said reports. Accounting required in respect to suits, show- 
ing moneys received from fines, etc.— All such reports shall 
show an account of the suits commenced, the justice or 
court before whom such proceedings were had, the number 
and kinds of game, fish, birds and property seized, and 
j what di.-position was made of the same, the amount of pro- 
j ceeds of sale, and the amount of money, if any, received 
J by him for fines impo;-;ed, or from any other soun-e provided 
j for by this chapter. [L. 1909, ch. 60 (sec. 15); Code 1913, 
sec. 3473 (ch. 62, .-ec. 15); L. 1915, ch. 14 (sec. 15).] Upon 
I mileage expenses. — (See I, 13.) ' 

6. Special reports, upon request.— [The chief deputy aud 
deputy warden^] .shall reixirt all milters under their juris- 
diction, whenever requested by him [the forest, game and 
fish warden] and * » * [L. 1909, ch. 60 (sec. 3); Code 
1913, sec. 3451 (ch. 62, sec. 3).] 

17. Additional Duties. 
Give bonds. (See 1, 3.) 

Fay over one-hul/ of fines Co the forest, game eind fish wct- 
den. (Seel , 20.) 

DEPUTV WARDENS. 

18. Appointment — Term of Office. 

The warden [forest, game and fish warden] shall appoint 
such persons as he may deem fit, who are citizens of this 
state, to act as deputy wardens in the several counties of 
this state. Said deputy wardens shall hold their office at 
the pleasure of the forest, game and fish warden. [L. 1909, • 
ch. 60 (sec. 1); Code 1913, sec. ;i449 (ch. 62, sec. 1).] 

19. Compensation Consists Exclusively of One-Half of 

Fines, if Any, from Their Individual Prosecutions. 
^1 1. All said deputy wardens, either appointed or ex 
officio,' shall receive for their services one-half of the fines 
imposed by any justice or court having jurisdiction, and 
collected iu each prosecution instituted by any such 
deputy warden, and * * * H 2. but uo fees or moneys 
shall be paid any deputy for services rendered as such 
deputy warden, out of the treasury of this state, and 
* * * [L. 1909. "ch 60 (sec. 1); Code 1913, sec. 3449 
(ch. 62, sec. 1).] 

20. Pay Over to Forest, Game and Fish Warden, Within 

30 Days, the Remaining Half of the Fines, 
* * * all deputy wardens shall witliin thirty days 
after its receipt pay over to the forest, game and fish war- 
den the fines collected by him [them], and the bonds of all 
ex-ofjicio wardens shall be liable for any such moneys 



STATE FOKESTKY LAWS —WEST VIRGINIA. 



I'AHT r— Contd.l 

received by them. [L. 1909, fh. (50 (see. 15); Code 1S»13, 
spc 3473 (ch. 62, sec. 15): L. 1915, r\i. 14 (sec. 15i.] 

21. Additional Duties. 

Arf iiriiJcr iHrrcMov o/forcst. (inme. mul Jish nanlcn. (See 
1. 14.) 

Enforce forest lavs. (See 1, 15; 276, c.) 

Make reports, quarterly and special, to forest, game, and ' 
lish wordeit . (See I, Kin, ft.) 

EX OFFICIO DEPITY WARDKNS. 

22. Sheriffs and Constables, and Chiefs of Police are 

Deputy Wardens, Ex Officio — Jurisdiction. 
'I'he sheriffs, deputy sheriffs and constables in the several 
coiintips of this state shall be ex officio deputy wardons 
therein, and the chiefs of police of the cities, towns and 
xallaties of this state shall also bepx officio deputy wardens 
therein and their jurisdiction shall extend no further than 
their respective counties, cities, towns and villages. 
[L. 1909. ch. ("iO (sec. n; Code 1913. sec. 3449 (ch. r,L'. 
sec. l).l 

23. Make Reports to Forest, Game, and Fish Warden. 

a. Quarterly reports, if proceedings instituted, or moneys 
collected. — .VII o-o ///«'« deputy wardens shall make a 
report to the forest, game and lish warden on t.he lirst 
day of .lanuary. April, July and October of each year 
if they have instit\i1ed any i)roceedings or collected any 
moneys under the provisions of this chapter durina: such ' 
preceding three months, and * * ». jL. 1909, ch. 
fiO (sec. loi; t'ode 1913, sec. 3473 (ch. ()2. .sec. 15); L. 1915. 
ch. 14 (sec. 1-5 1. 1 

ft. Special reports, upon request. — (See I, 16b.) 

24. Additional Duties — Compensation. 

.lf( ii.vdrr direction of forest, uanif.and fi.sti irardm (See 
1.14.) I 

Enforce forest hues. (See 1, 15; 276 (footnote 2), c.) I 

Compensation coruusls of one-half of fines collected. (See 
I, 19.) 

Pail over other halfoffin.es to forest, oame, and fish learden— 
Honds respon:,ibli . ^See I, 20.) 



EXPENDITURES. 

.STATE. 

24. Pays: 

u. Salaries and e.tpetises of forest, game, and fi.sli wardun, 
and chief depuii) u'ardens.' (See 1, 2; 13.) 

h. (Josts of requisitions and e:ctroditi,oits in prosecutions 
for violations of forest laws, when not eollected from the 
offenders. (See T, 29 114.) 

<;eneral funds appropriated.* 

26. "Forest, Game and Fish Protective Fund" Made 

Available for the Payment of General Expenses 

Under the Forest Game and Fish Laws. 

* * * all other moneys' due the state by virtue 

of any of the provisions of this (diapter, as now amended, 

shall be paid into the state treasury and credited to the 



I Tlif .Stale also pa.v.i tlie salar.v of the State forester, out of the " Foie,st, 
gamn, and flsli protective fund " (see I, 2ri), and certain fire-protection 
expenses (see II, 14). 

' only suoli laws ooncerninK appropriations are uompiled as provide 
funds availahlo, from year to year, until expended. Appropriations 
limited to a fi.xed annual or biennial period of expenditure arc omitted 
because of tlie frequent changes in the amounts. 

' Moneys other than the net proceeds from fines mentioned in 1, 30 a, b. 



"forest, game and fish protective fund," and the same 
shall be applicable to the payment of the expense of 
inaugurating, carrying out and maintaining any and all 
of the purposes of this act set forth in this chapter as 
now amended, and of any other law relating to the pro 
tection of forests or the protection and propagation of 
game anil hsh, [Paid out upon requisition of the forest, 
game and fish warden, — J and shall be paid out upon 
the requisition of the forest, game and fish warden, ap- 
proved by the governor, for which purposes said fund 
is hereby appropriated. [L. 1909, ch. 60 (sec. 31); Code 
1913, sec. 3491 (ch. 62, sec. 31); L. 1915, ch. 14 (sec. 31).] 

LEGAL PROCEDURE.' 

INSTITUTION OF PROCEEDIWiS. 

27. Forest Officials are Vested with Power in Respect to 
the Following Matters : 

(/. The forest, game, and fish warden has general charge 
of, and necessary powers for, the institution of legal pro- 
ceedings to enforce forest laws. — (See I, 5. i 

ft. The forest, game, and fish warden and deputy war- 
dens execute and serve warrants, arrest violators wiOiout 
warrant, and make complaint before proper officer. - 'il. 
The forest, game and fish warden, and appointed deputy 
wardens ^ shall have full power to e.xecute and serve 
any warrant or jirocess of law, issued by any justice of 
the peace or by any court having jtn-isdiction under ihe 
law, relating to game, fish, birds and forests, in the same 
manner as any, constable or slieriff might serve or execute 
such process, and may arrest on sight without a warrant, 
any person or persons, detected by them, actually vio- 
lating any of the provisions of the laws of this state relat- 
ing to the game, fish, birds and forests, and may take 
such person or persons, so offending, before any court, 
or justice of the peace, having jurisdiction of the offense, 
and make proper complaint before such court, or justice, 
which shall proceed with the case in the manner as pro- 
vided by law. Penalty for failure to proceed against 
violators.— Any such appointed warden, who on receiv- 
ing information from a reliable person, of the violation 
of the game, fish or forest laws, neglects or refuses to 
thoroughly investigate such alleged violation, and appre- 
hend or attempt to apprehend the offender, shall be 
guilty of a misdemeanor, and upon conviction thereof, 
shall be fined not less than ten dollars nor more than 
fifty dollars lor each offense. [L. 1909, ch. 60 (sec, 4); 
Code 1913, sec, 3452 (ch. 62, sec. 4).] Impress citizens 
in making arrests, seizures, etc. — 112. Any of the offi- 
cers herein, whose duty it is to enforce the game, fish, 
bird and forest laws of this state, shall have the same 
right and power as sheriffs to summon aid in making 
arrests, seizures, or executing any process; [Penalty for 
refusing to arrest. — ] and any person, or persons, so sum- 
moned, and refusing to act, shall be liable, upon cou- 
\'ictiou, to the same fines and penalties, the same as it 
summoned by a sheriff. Arrests may be made on Sun- 
day — Prompt procedure. — Such arrests may be made on 
a Sunday, in which case the person, or persons arrested 



' The subject of Legal l^rocedure is, for obvious reasons, most appro- 
priately placed, ordinarily, in Part II. The unusually broad scope cl 
this legislation, however, seemed to require its consideration in conncc 
tion with the general subject ol .\dministration. 

> Ex ollicio deputy waidens i sheriffs, constables, and chiefs of poiui' 
have the same powers in virtue of their office. (See also, 1, 15.) 



STATE FOBESTRY IjVWS WEST VIRGINIA. 



PA|:T I— Contd.l 

shall be taken before a justice, having jurisilictioii, and 
proreeded against as soon as may bo on a week day fol- 
lowing such arrest. [L. 1909, cli. 60 (sec. 14); Code 1913, 
.•iec. 3472 (ch. 62, sec. 14).] Wardens exempt from certain 
legal procedure. — ^3. * * • in any iii-dscrniiou under 
this chapter, section two ol" ch!i])ter lhiity-si.\. of the code 
of one thousand eight hundred and ninety-nine and sec- 
tion one thousiind one hundred and fifty-nine of the code 
of one thousand nine hundred and six ' shall not apply to 
any warden. (L. 1909, ch. 60 (sec, 1); Code 1913, sec. 
3449 (cb. 62, sec. l).] 

c. The forest, game and fish warden and deputy wardens 
institute proceedings without sanction of prosecuting 
attorney for the county. — The forest, game and fi.ih 
warden and deputy wai-deus may make complaint and 
cause proceedings to be instituted against any person or 
persons, or corporation, for the violation of any of the 
game, fish, bird and fore.st laws, without the .-auction of 
the prosecuting attorney of the county wherein such 
proceedings are instituted; [Security for costs not re- 
quired. — ] and in all such cases they shall not be required 
to give security for costs. Conduct prosecutions with 
same authority as prosecuting attorney. — .\ny of said 
oflicers may also appear in au\' touit of competent juris- 
diction in this state, in any case for \ iolation of any of the 
laws for the protection of forests, or the protection, preser 
vation and propagation of game, fish and birds, and 
pro.secute the same in the manner and with the same 
authority, as the prosecuting attorney of the rounty it) 
which such proceedings are had. May employ attorney. — 
.\nd in such cases they may, in the event of the refusal 
or neglect of the prosecuting attorney to act, employ an 
attorney of their choice, [Attorney's fee taxed in the 
costs. — ] and to such attorney, or to the prosecuting 
attorney if he shall act, there shall be taxed in the co.sts, 
upon conviction, a fee of ten doUai-s in such case. [L. 1909, 
ch 60 (sec. 11); Code 1913, .-ec. 3469 (ch. 62, sec. 11).] 

28. Penalty for Hindering Forest Officials. 

Any person who hinders, obstructs or interferes with, 
or attempts to hinder, obstruct or interfere with, the 
forest, game and fish warden and deputy wardens in the 
discharge of any of their respective duties herein, shall be 
deemed guilty of a nusdemeanor, and vipou conviction 
thereof, shall be fined not less than twenty-five dollars 
nor more than two hundred dollars, together with the 
co-ts of the pro.-secution, ami in default of payment thereof 
shall be confined in the county jail until said fines and 
co-ts are paid; provided, however, that such imprisonment 
shall not exceed ninety days. [L. 1909, ch. 60 (sec. 17); 
Code 1913, sec. 3475 (ch. 62, see. 17).] 

29. Method of Procedure. 

Prosecutions are in the name ol the State. — Hi. All 
pro-eeutions under this (.hapter shall be in the name of 
the state of West Virginia, before any court or justice 
having jurisdiction, and the justice ,shall have con- 
current jurisdiction with the circuit and other courts in 
all misdemeanors, and in any case in which the prose- 
cuting attorney appears, a f(!0 of ten dollars shall be 



• The certain legal procedure referred to requires that Indictments, 
etc., shall have the name of the informer or prosecutor endorsed on 
them. 



allowed him, to be taxed as a part of the costs of the case, 
and collected off the defetidant, in case he is convicted. 
! [L. 1909, ch. 60 (sec. 29); Code 1913, sec. 3489 (ch. 62, 
j sec. 29).] May not be adjusted by deputy wardens. - 
I Ti2. It shall be unlawful for any deputy warden, either 
appouitod or ex officio, to settle, compromise or adjust 
any prosecution under tliis chapter and to receive moneys 
from any violator or alleged \iolator of any of the provi- 
sions thereof, unless the same are moneys received in the 
payment of fines imposed in dtie process of law^ by a 
justice or court having jurisdiction of the offense charged, 
[Penalty.—] and if any suc^h deputy warden shall receive , 
any moneys from any such violator or alleged violator, 
either as such settlement and compromise or to prevent 
any prosecuton [prosecution] therefor, such deputy 
warden shall be guilty of a felony and u^ion conviction 
thereof, shall be confined in the penitentiary not le.ss 
tlian one nor more than five years, (L. 1909, ch. 60 (sec. 
3); Code 1913, sec. 34.51 (ch. 62, .sec. 3).] Competency of 
witnesses. — 113. Every person called as a witness in any 
ea>e for the violation of any of the provisions of this chap- 
ter, shall be compelled to testify fully; but hLs testimony 
shall not be given in evidence against him in any prosecu- 
tion for such offense; and no person against whom such 
witness shall so testifj", shall be com[)etent as a witness 
for the state, in the prosecution against such witness for 
the same offense or matters to which said witness so testi- 
fied, nor for any violation of any provisions of this chap- 
ter, alleged to have been committed before the com- 
mencement of the prosecution in which he is examined 
as such witness. [L. 1909, ch. 60 (,sec. 30); Code 1913,' 
sec. 3490 (ch. 62, sec. 30).] Expenses of requisitions and 
extraditions Included in costs of prosecutions. — ^t4. In 
all cases where any person has been indicted for the vio- 
lation of any of the provisiotis of this chapter, and ha.s 
escaped or removed to another state, all costs of requLsi- 
tion and extradition papers and all other costs and ex-~ 
penses of securing and bringing such person back into 
this state, shall be charged as a part of the costs of prosecu- 
tion again.st such person; [Paid out of "forest, game and 
ftsh protective fund," If not collected from offenders.—] 
and if such ro.sls of requisition and extradition papers 
and expeuse.s cannot be secured from such person, they 
shall be paid out of the " forest, game and fish protective 
fund." ' (L. 1909, ch. 60 (sec. 32); Ccle 1913, sec. 3492 
(ch. 62, .sec 32).] 

FINKS AND OIHKK .MONKVS. 

30. Disposition of Fines: 

u. One-half of fines goes to deputy wardens for services 
rendered. — (See I. 19 Ijl.) 

h. The other half is turned Into state treasury, through 
the forest, game and fish warden. — HI. (See I, 7.) Is 
credited to the "school fund." — Tj-- All moneys collected 
and due the stale, under and by virtue of the provisions 
of this chapter, shall be disposed of a* follows; The net 
proceeds of all fines collected from convictions of the 
violations of any section of this chapter, shall, after the 
payment of the amoiuits fixed by this chapter to the proper 
deputy wardens and the costs as provided by law, be paid 
into and credited to the '"school fund" of the state, as 



' i^ee I, S 



6^ 



STATS FORESTBY LAWS— WEST VIRGINIA. 



PART l-Contd.) 

provided by the constitution; * * * [L. 1909, ch. 60 

(sec. 31); Code 1913, sec 3491 (ch. (;2, sec: 31); L! 1915, 

oh. 14 (sec. 31).] 

31. Disposition of Moneys Other than Fines.' 

Moneys other than fines ' are paid into the state treasury, 
and credited to the "Forest, Game and Fish Protective 
Filnd." (See I, 26.) 

38. Penalty for Making False Returns as to Moneys Col- 
lected or Disbursed, or Failure to Pay Over Fines. 

The forest, game and fish warden and deputy wardens, 
of any other officer who shall make any false return as to 
moneys collected or disbursed by him, as provided for in 
this chapter or does not pay over to the proper officer as 
provided in this chapter, moneys collected by him for 



fines, shall be deemed guilty ol a felony, and upon con- 
viction thereof shall be confined in the penitentiary not 
less than one year nor more than five years. [L. 1909, 
ch. 60 (.sec. 16): Code 1913, sec. 3474 (ch." 62, sec. 16).] 

33. Court Officials Make Quarterly Reports, to the Forest, 
Game and Fish Warden, as to Moneys Collected. 
All justices and clerks of circuit and criminal courts 
before who-^e courts any ci.'^e under this chapter comes, 
.shall, on the first day of January, April, July and October, 
of each year, if there has been before this court [their 
courts] any case under this chapter, report to the state 
forest, game and fish warden all money collected by him 
[them] and the status of all cases pending or started in 
his court [their courts]. [L. 1909, ch. 60 (sec. 15); Code 
1913, sec. ,3473 (ch. 62, .sec. 15); L. 1915, ch. 14 (sec. 15).] 



PART II.— FIRE PROTECTION. 



(This pari comprises the general provisijas of law. if Any, cij'iedr 
oeming: protection of state-owned tinids, see Part III.) 

FIRE WARDEN. 

1. Forest, Game and Fish Warden is Ex-Officio Fire 

Warden. 

The forest, game and fi.sh wardens shall be ex-officio 
fire warden of the state of West Virginia, and * * * 
[t. 1909, ch. 60 (sec. 51); Code 1913, sec. 3515 (ch. 62, 
sec. 51); L. 1915, ch. 15 (sec. 51).] 

2. Certifies Fire Reports to County Courts for Payment. ^ 
It shall be the duty of the * * * [fire] warden to i 

careiully audit such report [dejiuty fire warden's report 2], 
and after having satisfied himself of the correctness of i 
same, he shall approve said report and certify same to 1 
the county court of the county wherein the fire occurred i 
for payment. * * * [L. 1909, ch. 60 (sec. 52); Code ; 
1913, sec. 3516 (ch. 62, sec. 52); L. 1915, ch. 15 (sec. 52).] ; 

3. Additional Duties. 
Enforces fire laws. (I, 5; 27.) 

Takei necessary action to prevent destruction of forests bii 

fijre. (See I, 11.) 

Has power to enter upon lands. (See II, lOrf.) 

Pays into State treasury one-half offineSi (See I, 7.) 

Recovers, in name of county, fire-ficihting expenrlitures nnd 

costs. (See 11, 26ri.) 

STATE FORESTER. 

4. Duties. 

Assists the fire warden in preientiny the destruction of 
forests by fire. (See I, 11.) 

Fins power to enter upon lands. (Siee"^Il, WiL") 

SPECIAI, DEPUTIES AND INSPECTORS. 

&. Appointment. 

The * * ♦ [fire] warden ma.y ateo appoint^ sueh 
special deputies and inspectois ae'ai*' necessary to meet -, 
the conditions and requirements of the federal government i 
in securing federal co-operation untler the pj'ovisione of the | 
weeks law, and * * *' (L. 1909, ch. 60 (sec. 51); Code ' 
191J, sec 3515 (ch.. 62, sec, 51); L. 1915, ch. 15 (sec. 51).] | 

' Moneys other than tlae Bet proceeds from fines mentioned in 1, 30 a, 6. 

'Seen, 11. 

• No specific provision is m&de for compensating these special deputfes 
:»nd inspectors. They are, accordingly, paid out of the "forest, game 
and fish protective fund," on a salary basis. (See I, 26.) 



in<; pr((teetinii from forest lires. For localized provisions, if any, cod- 

SPECIAL DEPUTY FIRE WARDENS. 

6. Appointment — General Powers and Duties, and 

Compensation. 
[The fire warden] may appoint special deputy fire 
wardens for each county, whose dutj' it shall be to assist in 
preventing and controlling forest fires, who shall be vested 
with the same authority with regard to such fires and be 
paid in the same manner as is provided for the deputy 
forest, game and fish wardens. [L. 1909, ch. 60 (sec. 51); 
Code 1913, .sec. 3515, ch. 62,sec. 51); L. 1915, ch. 15 (sec. 51)]. 

7. Additional Provisions. 

Are tinder direction of fire warden. (See 1, 14. i 
Enforce fi.re laws. (See I, 15; 276, c.) 
Make reports, quarterly and special, to fire nvrdin. (See 
I, 16a, 6.) 

Receive as compensation: 
a. One-half of fines in prosecutions instituted by them. 

(See I, 19.) 
/). Tiro dollars per day for time employed at forest 
fires. (See II, 9.) 
Pay over to fire warden fines collected. (See I, 20.) 
Have jurisdiction in adjoining cnuiUies, or elseuhere, m 
cases of emergency . (See II, 8.) 

Attend and take measures to confine and extinguish fires. 
(See II, 10a.) 
Back-fire and take other precautions. (See II, 106. ) 
Hire volunteers or impress assistance. (See II, \0c. ) 
Have power to enter upon lands. (See II, lOrf.) 
.\/(d-e reports on fires, to fire warden . (See 1 1 , 1 1 . ) 

DEPUTY FIRE WARDENS. 

8. Created— Jurisdiction. 

All deputy forest, game and tisli wardens ' shall also be 
deputy fire wardens for their respective counties in which 
they may reside, and shall have jurisdiction in the adjoin- 
ing counties thereto in case of emergency or where their 
services may be required. [L. 1909, ch. 60 (sec. 51); 
Code 1913, sec. 3515 (ch. 62, sec. 51); L. 1915, ch. 15 
(sec. 51).] 



1 See " r>eputy Forest, <lame and Fish 'Wardens," I, pp. 3, 4, 



STATE FORESTRY LAWS — WEST VTBGIiriA. 



PART n— Cgntd.l 

9. Compensation for Time Employed at Forest Fires. 
Deputy [fire] wardens ehall receive the sum of two 

doUarci per day for the time actually employed at fore-t 
iire.^, [Compensation of fire-fighting laborers. — ] and all 
persons employed or summoned by them, ni>t to exceed 
the mm of one dollar.- [dolhir] and fifty cent_-i per day for 
their service.*. [L. 1909, ch. 60 (sec. 52); Code 1913, ,<ec. 
3516 (ch. 62. .-ec. 52); L. 1915, ch. 15 (••^ec. 52).] 

10. Have the Following Fire-fighting Powers and Duties: 
n. Attend, and take measures to confine and extinguish 

fires. — In ca-e of fire in or threatening to fore.-t.- or wood- 
lands, the deputy fire wardens, shall upon receiving 
notice thereof, forthwith attend and use all necessary 
means to confine and oxtingui-h the same. 

6. Back-fire, and take other precautions. — He may 
destroy fences, plough land, or, in an emergency, set 
back fires to check fire. 

c. Hire volunteers, or impress assistance. — He may 
hire volunteers or .-ummon any rcidont of hL- county to 
assist in putting out fires. Penalty for refusing to assist. — 
Any person summoned, who is physically able, and refuses 
to assist, shall be guilty of a misdemeanor, and upon 
conviction thereof, be fined not less than ten, nor more 
than fifty dollars, and in the discretion of the court or 
justice trj'ing the case, be confined in the county jail for 
a period of not more than sixty days; and upon the default 
of the payment of fine and costs, he shall be confined in 
the county jail for not less than twenty, nor more than 
thirty days, unless said fine and costs are sooner paid. 

d. May enter upon lands. — An action of tre.-^pass shall 
not lie against per.-ons cro.ssing or working upon lands of 
another to extinguish fire. [L. 1909, ch. 60 (sec. 51); 
Code 1913, sec. 3515 (ch. 62, .sec. 511: L. 1915, ch. l.^> (.sec. 
51).] 

11. Make Fire Reports and Accounting to the Fire Warden. 
* * * each deputy [fire] wanlen shall within twenty 

days after ^ucll [fore-t] firo nnidcr to the * * * [fire] 
warden a sworn report, in duplicate, giving the location 
and area burned over, the quantity of timber, wood, logs, 
bark or other forest product, and of fences, bridges and 
buildings destro\-ed, with an estimate of the value thereof, 
the time u^ed by him, the names and postoffice address of 
all persons hired or summoned by him, who assisted liim 
thereat, together with the time each worked. 

Penalty for making any false statement in reports or 
accounting. — Any dei)uty [tire] warden who shall make 
any false statement in liis said rejwrt, hereinbefore re- 
quired to be made to the * * * [fire] warden, as 
to the time used by him, the name.s of the persons' so 
lured or summoneil li\- hini, and who assisted him in 
fighting such fire, or iis to the time of any such i)erson 
working thereat, shall be guilty of a misdemeanor, and 
upon conviction thereof, be lined not less than twenty-five 
nor more than one hundred di>nars, and for su< h raiLsc 
sliall be removed from office by the said * * * .[fire] 
warden. [L. 1909, ch. 60 (sec. 52); Code 1913. >ec 3.516 
(ch. 62, sec. .52); L. 1915, ch. 15 (sec. 52).] 

12. Additional Duties. 

Act under direction of fire warden. (See I, 14. i 
Enforce fire laws. (See I, 15; 276, c.) 
Pay over fines to fire warden. (See I, 20 » 



FIRE-FIGHTING LABORERS. 

13. Employment and Compensation. 

Arc impreaaed by d(put;i fire ivardena Penalty for Tefiisinq 
to assist. (See II, lOc.) 

Have power to enter upon lands. (See II, lOrf.) 
Compensation for tiwe employed at fires. (See II, 9.) 

DISTRIBUTION OF COSTS OF FIRE PROTECTION. 

STATE. 

14. Pays: 

(I. Salaries and expenses of special depatie^s and inspectors 
(see 11, 5, footnote 3), and also contributes the salaries and 
c.rpeitses of the/ollouimj officers, to the extent of such time as 
each devotes to fire protection work: Fire Harden (see I, 2); 
State forester (see I, 9, footnote 3). 

b. Costs of requisitions and extraditions in prosecutions 
for violations of fire laws, when not col led e/l from the of- 
fender (see I. 29 14). 

COUNTIES. 

15. Pay Fire-Fighting Costs. 

Incurred by deputy wardens. — "^1. K\\ ser\dces so ren- 
dered [at fire^- by deputy wardens and fire-fighting laboN 
ers] s'hall be a charge against tlie county, and * * *, 
■^2 which amount? [shown in fire report accountings bv 
deputy wardens '] shall be paid to the parties entitled 
thereto, out of the county funds, at the firjt session of 
said court - thereafter [after being certified to the county 
court by the fire warden for payment]. [L. 1909, ch. 60 
(sec. 52); Code 1913. sec. 3-516 (ch. 62, sec. .52); L. 1915, 
ch. 15 (sec. .52).] Incurred by special deputy fire war- 
dens. — ''3. (See II, 6.' Amounts of fire-fighting costs 
recovered through legal proceedings go into treasury of 
the county in which the fire occurred. — "4. (See II, 26c/. '< 

KINDLING FIRES IN THE OPEN. 

GENERAL PRECAl'TIONAKY RESTRICTIONS. 

16. Action Required in Advance, to Prevent Spreading of 

Fires. 
Notice to neighbors. — It shall be unlawful for any 
person or corporation as land owner to set, -or procure 
another to set fire to any woods, brush, logs, leaves. 
grass or clearing upon their own land, unless they shall 
have previously given notice of their intention of firing 
such lands, to adjoining land owners [Disposal of brush, 
and clearing around the land.—] and taken all po.ssible 
care and preiautiou against the >])read of such fire to 
other lauds not their own, by previously having cut and 
pUed the same, or carefully cleared around the land 
which is to be burned, so as to prevent the spread of 
such fire. Prima facie evidence of wilfulness or neg- 
lect. — The setting of fire contrary to the proviiioiLs of 
this section,' or allowing it to escape to the injury of 
adjoining lands, shall bo prima facie proof of willfulness, or 
negleii. [Liability for damages and fire-fighting costs. — ] 
and the land owner from who e land the fire originated 
shall be liable in a civil action for damages for the injur}' 
resulting from such fire and also for the cost of fighting 
and extingui.-hing the same. [L. 1909, ch. 60 (sec. 53); 

' Sec II, 11. 

< County court ol Che coiincy wltcreiii the file occurred. 

'Soc. .^^17. Code 191S (ch. 62. sec. ia\. See Table of Acts on p. W. 



8 



STATE FORESTRY LAWS WEST VIRGINIA. 



PART II— Contd.l 

Code 1913, sec. 3517 (ch. U2, .-w. 53); L. 1915, ch. 15 (sec. 
53).] Bights of damages between parties not barred by 
recovery, in the name of the county, of fire-fightiug expend- 
itures and costs. — (See II, 26rf.) 

PROHIBITIVE RESTKICTION.S. 

17. Criminal Liability. 

a. For unintentionally setting fire to woods, etc. — 
Penalty. — If any of the acts mentioned in the next pre- 
ceding section ' be done unlawfully but not wilfully 
or maliciously, the person guilty thereof shall be fined 
not exceeding fifty dollars, and * * * [L. 1882, ch. 
148 (sec. 9); Code 1913, sec. 5200 (ch. 145, sec. 9).] 

h. For negligently setting fire to woods, etc. — If any 
person, or persons, negligently set on fire, any woods, 
fields or lands within this state, so as thereby to occasion 
loss, damage or injury to any other person, he shall be 
guilty of a misdemeanor, [Penalty. — ] and on conviction 
thereof, shall be fined not less than fifty dollars nor more 
than five hundred dollars, and in the discretion of the 
justice or court trying the case, be imprisoned in the 
county jail not to exceed one year. [L. 1909, ch. 60 
(sec. 53); Code 1913, sec. 3517 (ch. 62, sec. 53); L. 1915, 
ch. 15 (sec. 53).] Prima facie proof of wilfulness or neg- 
lect.— (See 11, 10. "I 

c. For maliciously setting fire to woods. — If any person 
unlawfully and maliciously set fire to any woods, fence, 
grass, straw or other inflammable materia] which may 
spread fire on lands, he shall be guilty of a felony, [Pen- 
alty. — ] and ou conviction thereof shall be confined Ln 
the penitentiary not less than one year nor more than two 
years, and 2 *"* * [L. 1909, ch. 60 (sec. 53); Code 1913, 
sec. 3517 (ch. 62, sec. 53); L. 1915, ch. 15 (sec. 53).] Prima 
facie proof of wilfulness or negligence. — (See II, 16.) 

d. For failure to totally extinguish fires. — \Mioever by 
himself, or by his servants, agents or guide, or as the 
servant, agent or guide of any other person, shall build 
any fire, or use an abandoned fire in a field, public or 
private road, or adjacent to, or in any woods or forest 
in this state, shall, before leaving such fire, totally extin- 
guish the same, [Penalty, when damage is caused there- 
by. — ] and upon failure to do so, if failure to do so shall 
cause damage to any property within [sic], such person 
or persons, shall be deemed guilty of a misdemeanor, 
and on conviction thereof shall be fined not less than 
twenty-five dollars nor more than one hundred dollars 
and the costs of the prosecution, and upon default in 
paying said fine and costs, shall be confined in the county 
jail not more than ninety days unless said fine and costs 
be sooner paid. [L. 1909, ch. 60 (sec. .53); Code 1913, 
sec. 3517 (ch. 62, sec. 53); L. 1915, ch. 15 (sec. 53).] Prima 
facie proof of wilfulness or neglect. -^(See II, 16.) 

18. CivU Liability. 

0. For unintentionally setting fire to woods, etc. — [If 
any of the acts meiilioned in I], 17<: be done, unlawfully 
but not wilfully or maliciously, the person guilty thereof] 
shall moreover be liable to any person injured thereby, 



,' The term "the next preceding seotion" has reference to see. 8 of 
ch. 148, L. 1S82 (Cotlc 1913, see. 5199). (Kee footnote 2 to subsec. c of 
this section, and footnote 1 to 11, 18i.) 

' While the provisions contained in II, 17c, 18!i are direct amendments 
of certain provisions in L. 1909, ch. 60 (sec. 83), they appear to super- 
cede also sec. 8 of ch. 148, L. 18S2. 



or in consequence thereof, for all such damages as may be 
sustained by such per.-iou. [L. 1882. ch. 148 (sec. 9); 
Code 1913, sec. 5200 (ch. 145, sec. 9).] 

h. For maliciously setting fire to woods, etc. — [If any 
person unlawfully and maliciously set fire to any woods, 
fence, grass, straw or other inflammable material which 
raiv spread fire on lands, he] .shall moreover be liable to 
any person injured thereby, or in consequence thereof, 
for double -the amount of damages sustained by such 
person.' [L. 1909, ch. 60 (sec. 53); Code 1913, sec. 3517 
(ch. 62, sec. 53); L. 1915,. ch. 15 (sec. 53).] Prima facie 
proof of wilfulness or negligence. (See II, 16.) 

c. For setting fire or allowing it to escape without taking 
required precautions in advance. (See II, 16.) 

d. Rights of damages between parties not barred by 
recovery, in name of county, of fire-fighting expenditures 
and costs. (See II, 26rf.) 

RAILROADS. 

r.KNERAL REQUIREMENT.S. 

19. Provide Spark Arresters and Devices to Prevent 

Escape of Fire from Ash Pans and Furnaces. 
* * * every person, firm or corporation operating any 
locomotive steam engine in this state shall provide the- 
same with netting of steel or iron wire so constructed, 
and at all stich times^ maintained as to prevent the escape 
of fire and sparks from the smoke stacks thereof, and with 
adequate devices to prevent the escape of fire from ash 
pans and furnaces which shall be used on .such locomotives 
fL. 1909, ch. 60 (sec. 54); Code 1913, sec. 3518 (ch. 62, 
sec. 54); L. 1915, ch. 15 (sec. 54).] 

20. Clear Rights of Way at Least Twice a Year. 

^1. Every railroad company shall, on such part of its road 
as passes through forest land or lands, subject to fires from 
any cau,se, cut and remove from its right of way along sucli 
lands, at least twice a year, all grass, brush and other 
inflammable materials, [Employ trackmen during seasons 
of drought and early spring, to put out fires. — ] and employ 
in seasons of drought and before vegetation has revived 
in the spring, suflicient trackmen to promptly put out 
fires on its right of way; ami * * * 
Leave no deposits of fire coals or ashes. — 1)2. .\'o railroad 
j company or employee thereof shall deposit tire coals or 
I ashes on its track or right of way near such lands. ^ [L, 1909, 
ch. 60<sec. 54): Code 1913, sec. 351.S (ch. 62, sec. 54); L. 
i 1915, ch. 15 (sec. 54).] 
31. Extinguish Fires on Their Own and Neighboring 
Lands. 
In case of fire ou its own or neighboring lands, the rail- 
road' company shall use all practicable means to put it out 
; [h. 1909, ch. 00 (sec. 54); Code 1913, sec. 3518 (ch. 62. 
.sec. 54); L. 1915, ch. 15 (sec. 54).] 
EMPLOYEES. 
[ 22. Fire Duties. 

Train employees report fires to station agent. — Engineers. 
j conductors or trainmen discovering or knowing of fires in 
I fences or other material along or near the right of way of 
I the railroad in such lands' shall report the same at the first 
I station to the station agent, [Station agent notifies nearest 



' While the provision contained i 
of certain provisions in L. 1909, ch . 
also see. 8 of ch. 148, L. 1882. 

•See II, 20 111. 



I II, 17c, 186 are direct amendments 
(sec. 53), tbey appc-ir to superset!© 



STATK FORKSXRY LAWS WEST VIRGINIA. 



PART II— Conid.l 

fire warden, and takes measures to extinguish fires. — ] 
and BUcU sfcitiou agent shall forthwith notify the nearest 
lire warden and use all nece->.=ary mi.'a'.ii to extingui.-ih the 
.same. [L. 1909, ch. 60 (sec. 54); Code 1913, sec. 3518 
(ch. 62, .sec. 54); L. 1015. ch. 15 (?ec. 54).] 

LIABILITY. 

23. Criminal. 

.\nd any raihoad company or officer, or employee thereof, 
and any person, firm, or corporation operating any such 
locomotive steam engine who shall violate any provisions 
of this section,' shall each be guilty of a misdemeanor, and 
upon conviction thereof, shall be fined a sum not less than 
twenty nor more than two hundred dollars. [L. 1909 ch. 
60 (sec. 54); Code 1913, sec. 3518 (ch. 62, sec. 54); L. 1915 
ch. 15 (sec. 54).] 

24. CivU. 

For damages and costs of fire-fighting in cases of injury 
resulting from setting fire on their own lands without taking 
required action in advance. (See II, 16.) 

COMPULSORY BRUSH AND SLASH DISPOSAL. 

IN GENRRAl. 

i5. Notice to Neighbors. Cutting and Piling Brush, and 
Clearing Around Land, Required in Advance, to Pre- 
vent Spreading of Fire. 

(See II, 16.) Civil and criminal liability. (See II, Mi; 

170, 6, «.■; 18o, b.) 

LEGAL PROCEDURE. 

26. Forest Fire Officials are Vested with Power in Respect 
to tlie Following Matters: 
«. The lire warden has general charge of, and necessary 

powers for the institution of. legal proceedings to enforce 

fire laws. — (See I, 5.) 

I Sec. 3.-)lS, Code 1913. (See Taljle of Aot.s. on p. 10.) 



6. The fire warden and deputy fire wardens execute and 
serve warrants, arrest violators without warrant, and make 
complaint before proper ofiicer. — (See I, 276 "^1.) Impress 
citizens in making arrests, seizures, etc. — (See I, 276 ''2.1 
c. The fire warden and deputy fire wardens institute 
proceedings without sanction of prosecuting attorney for the 
county. — (See I. 27f "jl. i Condtict prosecutions with same 
authority as prosecuting attorney Employ attorney, when 
necessary. — (See 1, 27c!i2.) 

(/. The fire warden recovers fire-fighting expenditures 
and costs from offenders, in name of county. — The * * " 
[fire] warden in the name of lh(^ comil y in which any forest 
fire has occurred, and which has been (extinguished or sup- 
pressed by his efforts, shall recoxer from the person or per- 
sons, firm or corporation, giving origin to such fire, the 
amount so expended in extiuguishiug s;iid lire and the 
costs thereof, [Bights of damages between parties not 
barred. — | and the same shall not bar the rights of damage 
between the parties thereto. [L. 1909, ch. 60 (sec. 55); 
Code 1913, sec. ;i5i9 (eh. 62, sec. 55i: I.. 1915, ch. 15 (see. 
54a).] 

27. Additional Provisions. 
I'cnallijjor hindering forest oJ/icial.i. (See I, 2S.) 
Mdhoi! nf procedure . (See I, 29.) 
I)i.iposition of fines and other moneys: 
a. Fines: One-half of fines goes to deputi/ Jire mardtns for 
services rendered. (See I, 19 ]\1.) — The other lialf is 
turned into the Stute treasury through the fire warden, 
and credited to the " schoolfund." (See I, 7; 30 6 T[2.) 
h. Moiuys other thirn fines: Are paid into llie State treas- 
ury, and credited to llw ''forest, game and fish protective 
fund." (See I, 26.) 
e. Penalty for false returns as In moneys, or failure to 

pay over fines. (See I, 32.) 
d. Court officials mnkc quarterly reports to fire warden, 
ii.'i to moneys collected. (See I, 33.) 



PART III.— PUBLIC FORESTS. 



(Tliis part comprises the provisions of law, if any, (or the esta(»IlsIiinont aiid t 
i.n ihe.««' and on other lands owned hy the state.) 

ST.ATE FORESTS. 

1. Acquirement. 

u. By purchase. — The forest, game and fish warden, by i 
aud with the consent of the govenior, shall have the | 
power to purchase lands in the name of the state, suitable 
for forest culture and reserve,s, [Price limited.- -] at a | 
price wltich shall not exceed five dollars per acre, [Avail- 
able funds. — ] using tor such purchase any stirplus money 
not otherwise appropriated which may be standing to 
the credit of the forest, game aud fish protective fund; 
(Administration. — ] aud to make all rules and regulations ! 
governing state reserves; and » » * 

6. By gilt. — [The forest, game and fish warden] is hereby i 
authorized, by and with the consent of the governor, to I 
accept gifts of land to the state, [Administration-- | 



ateand iniiiri(!i|>;il (urt'sls. and (or the practi<'e o( (orestry 

Object. — ] the same to be held, protected and adminis- 
tered by the forest, game and fish warden a.s state forest 
reserves, and to be used so as to demonstrate the practical 
utility of timber culture and as a breedmg ]>lace for game. 
Reservation of mineral rights. — Such gifts must be abso- 
lute, except for the reservation of all mineral and mining 
rights over aud under said lands, aud a stipidation that 
th(!y .shall be adininislered a> state forest reserves, [Title. — ] 
and the attorney general of tht- state is directed to see 
that all deeds to the .state of lands mentioned above are 
properly executed before the gift is accepted. [Code 
1913, sec. - - (ell. 62. .sec. 51/)); L. 1915. ch. 15 (sec. 546).] 
2. Management. 

The state forester acts as executive officer of the forest, 
game and fish warden, in the work of forest management. 
(See I, 11.) 



PART IV.— TAXATION. 

(Thlspait comprises the pioxisionsof law, it any, covering thcclassilication aiid taxation of lorestcd laiid.sajid lauds to be lorested, the purpose 
oi wnich is to encourage the practice of forestry by private owners; also such bounty and e.xeuiption laws as have a like purpose. For similar taxa- 
lion provisions, if any, concerning state or municipal forests, or other stale lands, see Part III.) 



10 



STATE FORESTKY LAWS WEST VIBGINIA. 

TABLE OF ACTS. 



Legislation, as amended through regular and special sessions, 1917. 



.148 (sec. 8).. 
. 148 (sec. 9).. 
. 60(scc. D... 
.60 (sec. 2)... 
.60 (sec. 3)... 
.60 (sec. 4)... 
.60 (sec. 6)... 
. 60 (sec. 10) . . 
.60 (sec. 11).. 
. 60 (sec. 14).. 
. 60 (sec. 15).. 
.60 (sec. 16).. 
.60 (sec. 17).. 
. 60 (sec. 2a).. 
.60 (sec. 30).. 
.60 (sec. 31).. 
.60 (sec. .12).. 
.60 (sec. 51).. 
.60 (.sec. 52).. 
. 60(scc. 5i).. 
. 60(spc. 54).. 
.60 (sec. 55).. 
. 60 (sec. — ) . . 



Kquivaleut references in this leaflet. 



5199 (ch. 

5200 (ch. 
.3449 (ch. 
3450 (eh. 
34.51 (ch. 
3452 (ch. 
3454 (ch. 

3468 (ch. 

3469 (ch. 
3472 (ch. 
347.3 (Ch. 

3474 (ch. 

3475 (ch. 

3489 (ch. 

3490 (ch. 

3491 (ch. 

3492 (eh. 

3515 (ch. 

3516 (ch. 

3517 (ch. 

3518 (ch. 

3519 (ch. 
(ch. 



1 45, sec. 8) ' 

145, sec. 9) 

62, sec. 1) 

62, see. 2) [ 

62, sec. 3 ) 

62, sec. 4) 1 

62, sec. 6) L. 1915, eh. 14 (sec. 6) . . 

62, sec. 10) 

62, sec. 11) 

62 sec. 14) 

62; sec! li)'.'.'.'.'.'.'. ! L.'iwS,' cii.'i4"(sec.'l5).' 

62, sec. 16) 

62, sec. 17) 

62, see. 29) 

62, sec. 30) 

62, sec. 31) 

62, sec. 32) 

62, sec. 51) 

62, sec. .52) 

62, sec. 5J) 

62, sec. 54) 

62, sec. 54-3) 

62, sec. 54-6) 



L. 1913, ch. 14 (sec. 31). 



L. 1913, ch. 15 (sec. 51)... 
L. 1913, ch. 15 (see. 52)... 
L. 1915, ch. 15 (sec. 53).... 
L. 1915, ch. 15 (see. 54)... 
L. 1915, ch. 15(see. 54-a). 
L. 1915, ch. 15 (sec. 54-6). 



(See footnotes to II, 17a, c, 186.) 

II na, 182. 

I 111, 2, 1112, 12, 13, 18, 22, 19111, 7, 19112, 276113. 

15,6. 

I HUl, 15, 14112, 166, 14113, 2312. 

I 2761[I. 

13. 

14. 

I 27c. 

I 276112. 

I 16l, 21a, 20, 33. 

132. 

128. 

I 2J1I1. 

I2JH. 

I 306t2, 26. 

I 29114. 

II 1, I 9, 11, 10, II S, 3, 6, lOi, 6, c, d. 
11 9, 1.51!1, 11, 2, 15112. 

II 17*, 6, c, 186, 16. 

II 2011, 19, 20112, 21, 22, 21. 
II26ii. 

III la, 6. 



STATE FORESTRY LAWS LEAFLETS ALREADY PUBLISHED.' 



1. Wisconsin. 

2. Loiii3iana. 

3. North Carolina. 

4. Maryland. 

5. Missouri. 

6. Texas. 



7. Virginia, 

8. Idaho, 
n. Oregon. 

10. Wyoming, 
U. New .Ter.sey.' 
12. Washington. 



l.i. Indiana. 

14. Minne.50ta. 

15. Montana. 

16. Illinois. 

17. Ohio. 

18. Connecticut. 



19. Massachusetts. 

20. New Hampshire. 

21. Colorado 



' The laws of other States, so far as they have been compiled, are available for loan through the Forest Service Library, Washington, D. C. 
' Indicates that the supply is exhausted. 



WASniNOTON ; COVEttNMENT ralNTINO OFFICB ; 1017 



Forestry Laws Leaflet No. 23. 



Date o( issue, Oct. 5, 1918. 



United States Department of Agriculture 

FOREST SERVICE 
Henry S. Graves, Forester 



STATE FORESTRY LAWS ' 

A parallel classification by States, showing the comparative progress of each in forestry legislation 

NEW YORK 

(Serial l~Through Reg. Sess., 1918^) 

Compiled by Jeannie S. Peyton, under the direction of Louis S. Murphy, Forest Examiner, in the 
Office of State Cooperation 



CONTENTS. 



Purpose of compilation 

Part I. —Administration 

Conservation commissioner 

Deputy commissioner 

Secretary 

Division of lands and forests 

Cleneral authorization of employees 

General personnel requirements 

Superintendent of forests 

Assistant superintendent of forests 

Foresters and assistant foresters 

Forest pathologist 

Admimstrative officers' general powers and duties.. 

Legal procedure 

Part II.— Fire protection 

State organized protection 

Administrative officers' general powers and duties . 

Foresters and assistant foresters 

District forest rangers 

Forest rangers 

Observers 

Fire wardens 

Chief railroad inspectors 

Auditor of fire accounts 

( Jame protectors 

Fire-fighting laborers and foremen 

Town organized proteition 

To^'m superintendent of fires 

Town boards 

Forest rangers and assistants 

Fire wardens 

Distribution of costs of fixe protection 

State 

Towns 

Continuing appropriations and funds 

K indling fires m the open < 

Permit restrictions 

Prohibitive restrictions 

Railroads 

Precautionary .requirements through forest lands. . . 

Employees 

Liability 



Part II. — Fire protection — Continued. 

Steam operated engines, machines, and power plants other 

than railroad locomotives 

Conipulsory brush and slash disposal 

incident to lumbering, public works, and farming 

Legal procedure 

Institution of proceedings 

Method of procedure 

CniniiKil l.iihiiiiv 

I'l ! I n i iinneysrecovered inactions for penalties... 

Pan III.- 1 mil. m,. i. 

Slate foivsts i 

Purpnse of establishment 

P.stabiishment 

Lands levied upon for general property taxes and bridge 
and highway loans 

.Vdministrative officers' general powers and duties 

Commissioners of the land office 

State comptroller 

Foresters and assistant forei^ters 

District forest rangers 

Chief land surveyor 

Land clerk 

Legal procedure 

Municipal forests 

Part r\\— Taxation 

Purpose of forestry taxation provisions 

Classification of forest lands 

Annual, or general property, tax 

Yield tax 

Duties of forestry officials 

Part A — Appendix 

Definitions of the terms: ''Person,'' "forest land," "forest 

fire," "fire towns," and other terms 

Additional taxation act (ch. 249, L. 1912) 

Fxccrptsfrom the Penal Law 

Section 1421 ." 

Section 1900 

Excerpt from the Conservation Law 

Salaries and ratings of forest rangors 

Table of Acts 



PURPOSE OF COMPILATION. 

The compilation of which this leaflet is ])ut a part aims to meet a manifest need of the 
times for a work of reference by means of which the basic legislation underlying the general 
forestiy, administrative and executive activities of the various States can readily be studied 
and compared. To this end only such of the State laws as bear more or less directly upon the 
practice of forestiy are here compiled, to the (exclusion of all oth(M' timber and tree laws, all 
forest insect and fmigus control laws except general provisions, and all transitory provisions 

1 When a State leaflet of the Forestry law series is reprinted for local use, please append thereto the following: 

NoTF.— This arrangement of the Forestry laws of is rtfprinted from ''State Forestry Laws," compiled and issued in leaflet form by 

the Forest Service, V. S. I.^epartment of Agriculture. Similar leaflets for other States, so far as available, and information concerning forestry 
laws generally \vili be furnished upon request addressed to "The Forester, Forest Service, Washington, D. C." 

• In the case of the 1918 legislation, only the text of the conservation law has been used, and that was procured informally in advance of the 
official publication of the volume of session laws. 
51748—18 1 



^yhi 



STATE FORESTRY LAWS NEW YORK. 



of law, including those concerning annual or biennial appropriations. Succeeding issues of each 
State leaflet, to form a separate series for each State, will serve to keep these fundamental laws 
up to date and free from encumbrance by obsolete provisions. The laws themselves have been 
analyzed and classified, in detail, to show the activities of the various officers and governing 
bodies, as these bear on "Administration," "Fire Protection," "Public Forests," and "Taxa- 
tion," the text being skeletonized in black-face type and copiously cross-referenced in italic, to 
aid the rapid sensing of the entire legislation or of any particular part of it. A Table of Acts 
is appended to each leaflet for the benefit of any who do not have access to the original 
enactments from which the provisions used in the compilation were taken and who desire to 
reconstruct them. 

PART I. ADMINISTRATION. 

(Tills part comprises the provisions ot law. if any, deflninj; the sionoral administral ivo ilulies o[ Ihe regularly constituted state forestry official!!; 
also certain miscellaneous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other state officers in 
connection with forest fires, state and municipal forests, or other state lands, or forest taxation, see Parts H, III, and IV, respectively.) 

CONSERVATION COMMISSIONER. 

1. ■Commissioner' Includes 'Commission." 

The terms "commission," "conservation commission" 
and ' ' commissioner, ' ' when used in this chapter, i * * * 
shall each mean the conservation commissioner, and 

* * * [C. L..- sec. 2; * * * ; L. 1917, ch. 486, 
sec. 1.] 

2. Authorization. 

^1. The conservation department is hereby created and 
shall have four divisions. The department shall continue 
to be in charge of a commission ' to be known as the 
consei-vation commission which, except as otherwise 
provided in this chapter, shall have all the powers and 
be subject to all the duties of the forest purchasing board, 
the forest, fish and game commission or commissioner, 

* * * as fixed by law on July eleventh, nineteen 
hundred and eleven.^ 

1)2, Action is taken by formal order of the commis- 
sioner. — * * * wherever by the terms of this chapter 



1 The term "this chapter," as used throughout this compilation, 
has reference to ch. 647, Laws of 19n, and its equivalent, ch. 65 of the 
Consohdated Laws, both as amended through 1918 (Reg. Sess.). 

2 The abbreviation "C. L.," in this' compilation, has reference to 
the short title prescribed for chapter 647, Laws 1911, which reads as 
follows: This chapter shall bo known as the Conservation Law. [C. L., 
sec. 1.] 

3 All suits and proceedings brought upon the order of or against the 
forest, fish, and game commission, * * * or the forest purchasing 
board shall be continued by or against the conservation commission 
* * * but the forest, fish, and game commission, * * * and 
the forest purchasing board * * * shall continue as now consti- 
tuted imtil the appointment and qualification of the members of the 
conservation commission to be appointed pursuant to this chapter at 
which time the forest purchasing board shall cease to e.xist and the terms 
of office of the forest, flsh, and game commissioner and * * * shall 
e.\pire and thereafter the conservation commission shall be deemed 
and held to constitute a continuation of (he forest purchasing board, 
the forest, fish, and game commission, * * * and not a new com- 
mission for the purpose of succession to all the rights, powers, duties 
and obUgations for the forest purchasing board, the forest, flsh, and game 
commission • * * except as modified by this act, with the same 
force and effect as if such modification were made without any change in 
the membership of such commission. [C. L., sec. 10.] 

* These powers and duties are now contained in Article IV of the Con- 
servation Law, as amended to date. (See Table of .\cts, on p. 38.) 



or any other statute, action by the conservation com- 
mission is required to be taken by resolution or in any 
manner liy the concurrence of a majority of the members, 
f-ucli action shall be taken by a formal order of such 
commissioner entered in the records of the conservation 
department. [0. L., sec. 2; * * *; L. 1917, ch. 486, 
.sec. 1.] 

3. Appointment. 
HI. The commission shall hereafter consist of one mem- 

bei to be appointed by the governor, by and with the 
ad ^'ice and corsent of the senate. * * * ^2. Limita- 
tion of time for making appointment. — A commissioner 
shall be appointed hereuudei- within twenty days after 
the amendment to this section takes effect. [C. L.. sec. 
2; * * *; L. 1917, ch. 486, sec. 1.] 

T|3. Eligibility. — No person shall be eligible to or shall 
continue to hold the office of commissioner, deputy com- 
missioner, chief of a division or secretary to the eommissii'ii 
who is engaged in the business of lumbering in any forcsi 
preserve county or who is engaged in any business in tlic 
prosecution of which hydraulic power is used or in whicli 
water is distributed or sold under any public franchise or 
who is an officer or holder of the stock or bonds of any cor- 
poration engaged in such business within the state. [('. I.., 
sec. .5; L. 191,5. ch. 318, sec. 4.] 

4. Salary. 

The commissioner shall receive an annual salary of eight 
thousand dollars. fC. L., sec. 2: * * *; L. 1<)I7, ch. 
486, sec. 1.] 

5. Expenses. 

The commissioner, secretary, deputy commissioner, 
superintendent of forests, assistant superintendent of 
forests, chief game protector, deputy chief game pro- 
tector, * * * shall each have reimbursed to him all 
actual, and necessary traveling and other expenses and 
dislnirsements incurred or made by him in the discharge 
of his official duties. [('. L., sec. 3; * * *; L. 1917, 
ch. 486, sec. 2.] 

(See also I, 26.) 



LIBRARY OF CONQPJESS 

MAY2B1922 



1 



STATE FORESTRY LAWS NEW YORK. 



HART I— Continued.) 

6. Bond. 

The commissionor, deputy, secretary and each chief of 
a division shall execute and file wdth the comptroller a 
bond to the people of the state in the sum of ten thousand 
dollars, with sureties to be approved by the comptroller, 
conditioned for the faithful performance of his duties, and 
that he will account for and pay over pursuant to law all 
moneys received by him. [C. L. sec. 3; * * *; L. 
1917, ch. 486, sec. 2.] 

7. Tenn of Office. 

The regular term of office of the commissioner shall be 
8i-\ years to be computed from the first day of January of 
the calendar year in which he shall have been appointed. 
[C. L., sec. 2; * * *; L. 1917, ch. 486, sec. 1.] 

8. Bemoval. 

The governor may remove the commissioner for ineffi- 
ciency, neglect of duty or misconduct in oflice, giving to 
him a copy of the charges against him and an opportunity 
of being publicly heard in person or by counsel in his own 
defense, upon not less than ten days' notice. If such com- 
missioner shall be removed the governor shall file in the 
office of the secretary of state a complete statement of all 
charges made against such commissioner and his findings 
thereon, together with a complete record of the proceedings. 
[C. L., sec. 2; * * *; L. 1917, ch. 486, sec. 1.] 

9. Appoints a Secretary, Deputy Commissioner, Superin- 

tendent and Assistant Superintendent of Forests, and 
Other Subordinates. 
TIL. The conmiission shall have its principal office in the 
city of .\lbany. The commission shall appoint, to hold 
office during its pleasure, a secretary to the commission at 
an annual salary of three thousand dollars, a deputy com- 
missioner at an annual salary of six thousand dollars, a 
superintendent of forests at an annual salary of five thou- 
sand dollars, an assistant superintendent of forests at an 
annual salary of three thousand dollars. * * * p. 
The commission shall also appoint such other subordinates 
as shall be needed, to carry out the provisions of this chap- 
ter, within the amount appropriated therefor. [C. L., sec. 
3: * * *; L. 1917, ch. 486, sec. 2.] 1[3. [The commis- 
sion is empowered to] .Appoint necessary employees to 
perform such dutie.i as are required by this article.' [C. L., 
sec. 50, subsec. 21: * * *; L. 1916, ch. 451, sec. 1.] 
General authorization of employees. (See I, 12.) 

10. Assigns Duties to Subordinates. 

The subordinates of the department, except as specially 
prescribed in this chapter, shall have such powers and 
shall perform such duties as shall be assigned or required 
of them by the commission. [C. L., sec. 7; L. 1915, ch. 318, 
sec. 5.] 
General Cross-Eef jrences. 

Other general powers and duties. (See "Administrative 
Officers' General Powers and Duties, " I, p. 5). 

Liability for failure to perform duties: Criminal. (See- II, 
54, 55.) Chil. (See II, 57). 



' Article IV. (See Table of Acts, on p. 38.) 



DEPUTY COMMISSIONER. 

General Cross-References. 

Appointment and salary. (See I, 9 ^1.) 

Eligihilty. (See I, 3 13.) 

E.rpenses. (See I, 5.) 

Bond. (See I, 6.) 

General powers and duties. (See I, 10; and " .Vdministra- 
tive Officers' General Powers and Duties, " I, p. 5.) 

Liability for failure to perform duties: Criminal. (See II, 
54, 55.) Civil. (See 11, 57.) 

SECRETARY. 

General Cross-Eeferences. 

Appointment and salary. (See I, 9 Hi.) 

Eligibility. (See I, 3 p.) 

Expenses. (See I, 5.) 

Bond. (See I, 6.) 

General powers and duties. (See I, 10; and ".\dminis- 
trative Officers' General Powers and Duties, " I, p. 5.) 

Liability for failure to perform duties: Criminal. (See 
II, 54, 55.) Civil. (See II, 57.) 

DIVISION OF LANDS AND FORESTS. 

11. Establishment and Jurisdiction. 

Til. There shall be in the deiiartinent a division of lauds 
and forests under which shall be administered all laws 
relating to tree culture and reforestation by the state and 
to the care and management of such parks, reservations or 
lands of the slate as now are or hereafter shall be placed 
under the jurisdiction of the commission; » » * 

12. The chief and administrative head is the superin- 
tendent of forests.— The superintendent of forests shall be 
the chief and administrative head of the di\asion of lands 
and forests. [C. L.. sec. 4; L. 1915, ch. 318, sec. 3.] 

(iENEBAL .AUTHORIZATION OF EMPLOYEES.' 

12. Employees Authorized and Their Duties Defined. 
Preamble. — For the purposes of admiuistration and to 

carry out the provisions of this article, ^ the following 
employees are hereby authorized and their duties defined. 
[C. L., sec. 51, preamble; * * *; L. 1917, ch. 266, 
sec. 2; L. 1918, ch. 421, sec. 1.] 

Note. — The respective proWsions' specifying these 
employees and defining their duties are placed under 
the following headings: "Superintendent of Forests," 
p. 4; "Assistant Superintendent of Forests," p. 4; 
"Chief Land Sui've yor, " p. 27; "Foresters and -Assist- 
ant Foresters," p. 4; "Forest Pathologist," p. 5; 
"Chief Railroad In.spectors, " p. 10; "Land Clerk," 
p. 27; "Auditor of Fire Accounts, '' p. 10; "District 
Forest Rangers, " pp. 8, 9 ; " Forest Rangers, " pp. 9, 37 ; 
"Observers," p. 9; "Fire Wardens," p. 9; "Fire- 
Fighting Laborers and Foremen, " p. 10. 



' See also I, 9 112, 113. 

' Article IV. (See Table of Acts, on p. 38.) 

' See sec. 51 of C. L., in Table of Acts, on p. 38.) 



STATE FORESTRY LAWS NEW YORK. 



PART I— Continued.] 

GENERAL PERSONNEL REQUIREMENTS. 

13. The Superintendent and Assistant Superintendent of 

Forests, Foresters and Assistant Foresters are re- 
quired to be Trained Foresters. 

The employees enumerated in subdivision.s one,' two,- 
four,'' and five ' of this section " shall be trained foresters. 
[C. L., sec. 51, subsec. 15; * * * L. 1916, ch. 451, 
seo. 1.] 

14. The above OfBcials and Certain Others are Under 

Competitive Civil Service Classification. 

The employees enumerated in subdivison.<i one,' two.- 

three,^ four,'' five,^ six,^ seven," eight* of this section" shall 

be under the competiti^'e civil service classification. [C. 

L., sec. 51, subsec. 15; * * *; L. 1916, ch. 451, sec 1.] 

15. Vacancies in Offices of Superintendent and Assistant 

Superintendent of Forests are Required to be Filled 
by Promotion Examination. 
The positions enumerated in subdivisions ' one ' and two - 
shall in case of vacancy be filled by promotion examina- 
tion. [C. L., sec. 51, subsec. 15; * * *; L. 1916, ch. 
451, sec. 1.] 

SUPERINTENDENT OF FORESTS. 

16. Powers and Duties. 

T|l. Is executive head of the division of lands and for- 
ests. — A superintendent of forests [is hereby authorized], 
who shall, subject to the direction of the commission, 
administer all of the provisions of this article. [C. L., 
sec. 51, subsec. 1 ; * * *; L. 1917, ch. 266, sec 2.] (See 
also I, 11.) 

Tf2. Has police powers. — The employees enumerated 
in subdivisions one,' two,- three,' four,'' seven,' ten,'" 
eleven " and twelve '^ of this section "shall have the power 
to arrest without warrant any person committing a mis- 
demeanor under the provisions of this article,'^ and may 
take such persons immediately before a magistrate hav- 
ing jurisdiction for trial, and exercise such other powers 
of peace officers as may be necessary for the entorcement 
of the provisions of this article. [C. L., sec. 51, subsec. 
16; * * *; L. 1916, ch. 451, sec. 1.] 

Other general powers and duties. (See I, 10; and "Ad- 
ministrative Officers' General Powers and Duties," I, 
p. 5.) 

1 Superintendent of forests. 

2 Assistant superintendent of forests. 

3 Chief land surveyor. 
* Foresters. 

' Assistant foresters. 

6 Forest pathologist. 

' Chief railroad inspectors. 

B Land clerk. 

9 See sec. 51 of the C. L., in Table of Act, on p. 3s. 
10 District forest rangers. 
" Forest rangers. 
12 Observers. 
" Article I'V, of C. L. (See Table of Acts, on p. 38.) 



General Cross-Beferences. 

Appointment and salary. (See I, !) ^1.) 
Eligibility. (See I, 3 fi.) 

Qualification and requirements. (Seel, 13, 14, 15.) 
Expenses. (See I, 5.) 
Bond. (See I, 6.) 

Liability for failure to perform duties: Criminal. (Sec 
II, 54. 55.) Civil. (See II, 57.) 

ASSISTANT SUPERINTENDENT OF FORESTS. 

17. Powers and Duties. 

Assists, and acts in place of, superintendent of forests 
when necessary. — An assistant superintendent of forests 
[is hereby authorized], who shall assist the superintendent 
of forests in the performance of his duties, and, in the 
absence or inability of the latter, shall have power to act 
inhisplace. [C. L., sec. 51, subsec. 2; * * *; L. 1917, 
ch. 266, sec. 2.] 

Other general powers and duties. (See I, 10; and "Ad- 
ministrative Officers' (Jeneral Powers and Duties," 

I, p. 5.) 

General Cross-Eeferences. 
Appointment and salary. (See I, 9 Hi.) 
Qualification and other requirements.' (See 1, 13, 14, 15.) 
Expenses. (See I, 5.) 
Liability for failure to perfonn duties: Criminal. (See 

II, 54. .55.) Civil. (See II, 57.) 

FORESTERS AND .ASSISTANT FORESTERS. 

18. Powers and Duties. 

a. Of foresters. — Five foresters [are hereby authorized], 
who shall perform such duties in reforesting, fire protec- 
tion, surveys, investigations, preparation of publications 
and other branches of forestry as may be required . [C. L., 
sec. 51, subsec. 4; * * *• j^ ion;, ,.h. 451, sec. 1.] 

(See also I, 10.) 

Arrest violators, v'ithout warrant, and bring them before 
a magistrate; and exercise other necessary police powers. 
(See I, 16 1|2.) 

6. Of assistant foresters. — Such assistant foresters as 
may be required [are hereby authorized], who shall assist 
the foresters in their tluties, and perform such other 
duties as may be assigned them. [C. L., sec. 51, subsec. 
5; * ''^ =*; L. 1916, ch. 451, sec. 1.] (See also I, 10.) 
General Cross-References. 

Appointment.- (See I, 9 \2, 1(3.) 

Qualification and competitive civil service requirements, 
(See 1, 13, 14.) 

Expenses. (See I, 26.) 

Liability for failure to perform duties: Criminal. (See 
11,54,55.) Civil. (See II, 57.) 



1 The eligibility restrictions imposed on several officers, including 
chiefs of divisions, would possibly apply, by inference, to the assistant 
superintendent of forests, inasmuch as he has the power and authority, 
under certain circumstances, to act in the place of the superintendent 
of forests. 

2 No specific pro'vision is made as to the amount of their compensa- 
tion. 



STATE FORESTRY LAWS — NEW YORK. 



I'AHT I— ("ontuiiioil.] 

KOHBST PATHOLOGIST. 

19. Duties. 

Makes forest pathological Investigations and studies. - 
A forest pathologist [is hereby authorized], who shall 
examine forest ti-ees with respect to disease, and carry on 
such studies as may l^e deemed advisable in connection 
with diseases attacking or liable to attack forest trees in 
this state. Qualification. — The forest pathologist shall 
have pursued a thorough course in forest pathology. [C. L., 
sec. 51, subsec. (i; * * *; L. 191ti, ch. 451, sec. 1.] 

Performs such other duties as commissmi may require. 
(See I, 10.) 

General Cross-Eeferences. 

Appointment.' (See 1, 9 ^'2, *;3.) 
Competitive civil service requirements. (Seel, 11.1 
Expeiises. (See I, 26.) 

Liability for failure to perform duties: Criminal. (See 
11,54,55.) Civil. (See II, .37. > 

.\nMINI.STR.\TlVE OFFICERS' = GENE1!.\L POWERS AND 
DITIE.S.5 

20. Empowered to Institute and Conduct Investigative 

Proceedings. 

Ijl; The conservation commissiou shall have power, for 
the state, to initiate and conduct, of its own motion, any 
proceeding provided for in any article of this chapter for 
the construction of improvements or development uf 
natural resources, for the public health or safety or welfare, 
or any of them, and if a petition is presented by any 
person or persons or by a corporation, municipal or other- 
wise, under any such article, the commission may, in its 
discretion, extend the scope of such proceeding to and 
including any or all improvements or developments of 
natural resources which may be done under all or any 
provision or provisions of this chapter, and if any part of 
the procedure governing the matters concerning which 
the petition is presented can not be made applicable in 
all respects to the subject matter of the proceeding as 
thus extended, then the procedure peculiar to such 
additional matters as provided for in this chapter shall 
be adopted to the extent necessary. [C. L., sec. 20.] 

112. Any investigation, inquiry or hearing which the 
commission has power to undertake or to hold may be 
undertaken or held by or before the commissioner, the 
deputy commissioner or the chief of a division, or before 
any otheroflicer or employee of the department, designated 
for such purpose by written order of the commission, 



1 No specific pro\isiou is made as to the amount of his compeusatiou. 

- The several officers who are concerned in Ihese general powers and 
duties are the commissioner, deputy commissioner (see I, a, 9j, super- 
intendent of forests (see I, 16), and assistant superintendent of forests 
(sec I, 17), and, when speci.lcally provided, such other officers as may 
be designated. 

3 In iddltion to the forestry duties enumerated, the commission is 
charged, under a 1917 amendment to the conservation law, with the 
control of the white-pine blister-ru^t disease. (See volume of .Session 
Laws of 1917, ch. 283, which amends Art. IV of the Conservation I>aw 
liy adding thereto section 57-3.) 



filed in its othce. All investigations, inquiries, hearings 
and decisions of the commi.'isioner, tlie deputy commis- 
sioner or the chief of a division, sliall be and be deemed 
to 1)0 the investigations, inquiries, liearings and decisions 
of the commission, [Commissioner approves certain 
orders and decisions. — ] and ever)' order or decision 
made Ijy the commissioner, and every order or decision 
made by the deputy commissi<mer or a chief of division 
and approve<l and confirmed by the commissioner and 
ordered filed in the office of the commission, shall be 
and be deemed to be the order or decision of the com- 
raLssion. [C. L., sec. 6; L. 1915, ch. 318, see. 5.] 

1[3. Have power to administer oaths. — The commis- 
sioner, deputy commissioner, a chief of division or duly 
designated officer or employee of the department, shall 
have power to administer oaths in any proceeding which 
the commission is required or authorized by law to insti- 
tute or conduct. [C. L., sec. 14: L. 1915, ch.318, sec. 10.] 

T]4. Have right of subpoena and other necessary powers. — 
The commission shall ha\<' power lo siili]>oeiia and require 
the attendance in this state of witnesses and the production 
by them of books and papers pertinent to the investiga- 
tions and inquiries which it is authorized to make under 
any article of this chapter, and to examine them and such 
public records as it shall reqtiii'e in relation thereto, and 
for the purposes of such examinations the conservation 
commission shall possess all the powers conferred by the 
legislative law upon a committee of the legislature or by 
the code of civil procedure upon a board or committee, 
and may invoke the power of any court of record in the 
state to compel the attendance and testifying of witnesses 
and the production by them of books and papers as afore- 
said. [C. L., sec. 24.] 

Ij.T. Immunity of witnesses. — Xo person shall be excused 
from testifying or from producing any books or papers in 
any investigation or inquiry by or upon any hearing 
before the commission or any commissioner, when ordered 
to do so by the commission, upon the ground that the 
testimony or evidence, books or documents required of 
him may tend to incriminate him or subject him to penalty 
or forfeiture, but no person shall be prosecuted, punished 
or subjected to any penalty or forfeiture for or on account 
of any act. transaction, matter or thing concerning which 
he shall under oath have testilied or jjroduced document- 
ary evidence; pro\-ided, however, that no person so testi- 
fjdng shall l)e exempt from prosecution or punishment for 
any perjury committed by him in his testimony. Noth- 
ing herein contained is intended to give, or shall be con- 
strued as in any manner giving, unto any corporation 
immunity of any kind. [C. L.. sec. 25.] 
21. Prescribe Rules and Eegulations. 

111. Preamble. — The commission sliall, for the |impose 
of carrying out the provisions of this article ' have the 
following power, duty and authority-: [C. L., sec. 50, 
preamble; * * * ; L. 191G, ch. 451, sec. 1.] 



1 Article IV of C. L. (See Table of Acts, on p. 3S.) 

' For these provisions, in full, see sec. 50 of C. L., in Table of Acts. 

. p. :». 



STATE FOEESTRY LAWS NEW YOKK. 



PART 1— Continued. S 

^2. Make necessary rules and regulations ' to secure 
proper enforcement of the provisions hereof. [C. L., sec. 
50, subsec. 2; * * * ; L. 191t), ch. 4.51, sec. 1.] 

f,3. Record and posting of rules and regulations. — Rules 
and regulations established by the commission for the 
enforcement of the provisions of article four of this 
chapter shall be entered by the commission in its book of 
minutes and at least three copies thereof posted in public 
places in the towns in which such rules and regulations 
apply, at least thirty days before the same shall take effect. 

^4. Criminal liability for violations of rules and regula- 
tions. — Any person who violates any provision of any rule 
or regulation so established by the commission, pursuant 
to the provisions of this section, shall be guilty of a mis- 
demeanor and shall, upon conviction, be subject to a fine 
of not to exceed one hundred dollars or imprisonment for 
not more than thirty days or by both such fine and impris- 
onment. [C. L., sec. 33; L. 1912, ch. 444, sec. 4.] 

22. Conduct Forestry Investigations. 

[The commission is empowered to] Make investigations 
or experiments with regard to forestry questions. [C. L.. 
sec. 50, subsec. 5; * * * ; L. 1916, ch. 451, sec. 1.] 

Same authority is also conferred by I. 20. 

23. Cooperate with the Following : 

a. With state institutions, boards, etc.: 1|1. General pro- 
vision. — [The commission is em]iuwered to] Examine the 
forest lands under the charge of the several state institu- 
tions, boards or other management for the purpose of ad- 
vising and co-operating in securing proper forest manage- 
ment of such lands. [C. L.. sec. 50, subsec. 8; * * * ; 
L. 1916, ch. 451. sec. 1.] 

1|2. Pay over to institutions a portion of the proceeds 
from sale of trees grown at the institutions. — Such por- 
tion of the proceeds of the sale of trees grown at state insti- 
tutions, as the commission determines is equitable, may be 
paid over to that institution. [C. L., sec. 50, subsec. 9; 
* * * ; L. 1916, ch. 451. sec. 1.] 

Propagate trees for such institutions. (See I 24 \Z.) 

%i. Special provision for Palisades interstate park. — 
Nothing in this chapter shall be construed as extending 
the jurisdiction of the conservation commission over the 
real or personal property now or hereafter under the con- 
trol or in the custody of the commissioners of the Palisades 
interstate park, but said conservation commission is au- 
thorized to co-operate with said commissioners of the Pali- 
sades interstate park liy the joint employment of wardens, 
foresters and keepers, for the mutual protection of the 
lands under the jurisdiction of said respective commissions 
and other state commissions and the preservation of the 
forests thereon and of the fish and game therein. [C. L., 
sec. 50, subsec. 31; * * * ; L. 1917, ch. 71, sec. 1.] 

6. With private owners. — [The commission is empow- 
ered to] Examine private forest lands for the pm'pose of 



> The rules and regulations duly adopted by the forest, fish and game 
commission or commissioner * * * shall continue in full force and 
effect until otherwise ordered by the conser\'atian commission. [C. L,, 
sec. 13.] 



advising the owners as to the proper methods of forest 
management. [C. L., sec. 50, subsec. 14; * * * ; j^. 
1916, ch. 451, sec. 1.] 

Supply trees from nurseries at cost of production. (See 1, 
24 p.) 

c. With governing boards of counties, cities, towns, and 
school districts. — In reforestation work, and furnish trees 
without charge, if planted as directed. (See III, 32 b 1f2.) 

24. Establish and Maintain State Forest Nurseries. 

Til. [The commission is empowered to] Establish, oper- 
ate and maintain nurseries for the production of trees to be 
used in reforestation. [C. L., sec. 50, subsec. 3; * * * ; 
L. 1916, ch. 451, sec. 1.] 

Convict and other institutional labor used. (See I, 25.) 

T[2. Purposes, in general, for which the trees may be 
used. — Such trees may be used to reforest any land owned 
by the state ; supplied to owners of private land at a price 
not exceeding cost of production; or used for planting on 
public lands under such terms as may be deemed to be for 
the public benefit. [C. L., sec. 50, subsec. 3; * * * ; 
L. 1916, ch. 451, sec. 1.] 

^3. Special provision for propagating trees for state insti- 
tutions and highway purposes. — [The commission is em- 
powered to] Pmiiagate trees and shrubs for the several 
state institutions or "for planting along improved high- 
ways. Reduction in transportation rates. — Any conunon 
carrier may transport trees or shrubs grown by the state 
at a rate less than the estabUshed tariff. [C. L., sec. 50, 
subsec. 10; * * * ; L. 1916, ch. 451, sec. 1.] 

25. Employ Convict and Other Institutional Labor lor 

Nursery and Tree Planting Work. 
f\. General authority. — [The commission is empowered 
to] Employ, with the approval of the superintendent of 
prisons, convicts committed to any penal institution or, 
with the approval of the governing board thereof, the in- 
mates of other state institutions, for the purpose of pro- 
ducing or planting trees. [C. L., sec. 50, subsec. 9; 

* * * ; L. 1916, ch. 451, sec. 1.] 

%'2. Special authority. — AVhen desirable for the 1 est 
interests of the state, as well as the wards thereof, the 
superintendent [of the Rome State Custodial Asylum], 
subject to the approval of the board of managers, may grant 
to gi'oups of inmates in colonies on rented premises or on 
land owned by the state, parole or leave of absence to do 

* * * reforestation and forestry work under the direc- 
ti(5n of the conserAation commission, and any expense 
connected theremth shall be a charge upon the regular 
maintenance of the asylum. [State Charities L.,' sec. 95, 
subsec. 11; L. 1916, ch. 71, see. 1.] 

26. Reimburse Employees for Official Expenditures. 
[The commission shall] Reimburse employees for actual 

and necessary expenses incurred while upon official busi- 
ness. [C. L., sec. 50, subsec. 30; * * * ; L. 1916, ch. 
451, sec. 1.] 
(See also I, 5.) 



. 1 The State charities law is contained in L. 1909, ch. 57, and its equiva- 
lent, ch. 55 of the Consolidated Laws. 



STATE FORESTRY LAWS — NEW YORK. 



PAKT 1— Cimtiniuvl.l 

27. Collect and Compile Statistics on Forests Products. 

It shall be the duty of ail manufacturers of timber 
and consumers of round wood or timber or wood for com- 
mercial purposes to report to the conservation commis- 
sion, annually, when called upon to do so, on blanks 
furnished by the commission, the amount of round wood 
or timber used, or himber manufactured from trees grown 
in this state, during the calendar year. (('. [,.. .sec. oS; 

» * *; L. 1916, ch. 451, sec. 1.] 
38. Provide Printed Information Concerning Forestry 
Matters. 

I The commission is empowered lo] Prepare, print, 
post or distribute printed matter relating to forestry. 
|('. L. sec. 50, subsec. 4: * * *; L. 1916, ch. 451, 
sec. 1.] 

29. Make Reports. 

". Annual report to legislature. — The cuniimssiuu shall 
annually report to tlio legislature on or before January 
fifteenth, with such recommendations as it deems proper, 
specifying the receipts, expenditures and work of the 



department for the preceding fiscal year. Such report 
shall include a brief description of all lands purchased 
during the year, and the statistics of various fires, and 
any trespass upon state lands, and a brief summary of all 
litigation prosecuted or defended by the commission. 

b. Special reports for information of the public. — It 
shall be the duty of the commission to publish and dis- 
tribute for public information reports in which shall be 
briefly set forth the work of the department and of its 
several divisions. [C. L., .sec. 12; * * *; L. 1915, ch. 
318, sec. 9.] 

30. Have Such Other Powers and Duties as May Be 
Provided. 

[The commissiunj Shall have such other powers and 
duties as are provided by law. [0. L., sec. 50, subsec, 
29: * * *; L. 1916, ch. 451, sec. 1.] 

Liability for failure to perform duties: Criminal. (See 
II, 54, 55.) Civil. (See II, 57.) 

LEGAL PROCEDURE. 

I'rurisionn cijncenting the subject of legal procedure. (See 
Part 11, page 15, ami Part III, page 27.) 



PART II. FIRE PROTECTION. 



(This part comprises the general provisions of law. if 
protection of Sliite or municipal forests, see Part HI. i 

STATE ORGANIZED PROTECTION. 

ADMINISTRATIVE OFFICERS' ■ GENERAL POWERS AND 
DUTIES. 

1. In Fire Towns. 

11. Preamble. — The following classification of districts - 
is made for the purpose of protecting the forests from 
fire. [C. L., sec. 52, preamble: * * *: L. 1916, ch. 
451, sec. 1.] 

112. Conservation commission maintains a forest fire 
protective system. — The commission, for the preven- 
tion of forest fires and the extinguishment of fires bui'n- 
ing or threatening forests, shall, in the fire towns,' main- 
tain a force of forest rangers, observers and fire wardens. 
It shall maintain an approved fire protective system, in- 
cluding fire observation stations and other equipment 
necessary to prevent and extinguish forest fires. Territory 
is subdivided into districts, in charge of district forest 
rangers. — The territory included within the fire towns 
shall be divided into five districts, each of which shall be 
in charge of a district forest ranger. [C. L., sec. 52, sub- 
sec. 1; * * *; L. 1916, ch. 451, sec. 1.] 

2. In Other than Fire Towns, where Commission Deems 

State Organized Fire Districts Necessary. 
Establish, equip, and operate observation stations, pre- 
pare and post fire notices, and organize a fire force, — The 
coiiimisison ma\' establish a forest fii'e protective system 
in such other parts of the state as it may deem necessary 

' The several ofTicers who are concerned in these general powers and 
duties are the commissioner, deputy commissioner (seel, 3, 9), superin- 
tendent of forests (see I, 16), and assistant superintendent of forests 
(see I, 17). 

' For the three classes of districts, see II, 1, 2, 211;, 226, 2aii. 

» A list of the fire towns referred to will be found in the Appendix, on 
p. :ij. 



iicorniUR iiroti-ction from forest Qros. l-'iir localized provision.'^, if any, concerning 



where there are contiguous areas of forest land aggregating 
seventy-five thousand acres or upwards. In such re- 
gions the commission may establish, equip and operate 
fire observation stations w'ith the necessary accessories, 
prepare and post fire notices, organize a fire ])rotective 
force, [May require the town authorities to perform their 
forest fire duties. — ] and require the town authorities to 
perform their duties in forest fire protection.' May 
appoint fire wardens when necessary. — If the town sujjer- 
visor fails to certifj' to the conservation commission by 
February fifteenth of any year a list of the fire wardens 
for such town then the conservation commission may 
appoint necessary fue wardens. [C. L., aec. 52, subsec. 
2; * * *; L.1916, ch. 451, sec. 1.] 

3. Maintain a Fire Protective System. 

[The commission shall] Maintain a system of forest 
fire protection in the fu-e towns and such other areas as 
the commission determines necessary. [C. L., sec. 50, 
subsec. 16: * * *: L. 1916, ch. 451, sec. 1.] 

4. Incur Necessary Expenses for Fire Protection Pur- 

poses. 

Ill [The commission shall] Purcha.so necessary equip- 
ment, tools or supplies, employ men or incur other ex- 
penses as may be necessary to furnish adequate forest 
fire i)rotection. [C. L., sec. 50, subsec. 17; * * *; L. 
1916, ch. 451, sec. 1.] 

'"2. Interfering with supplies or other material so main- 
tained for purposes of fire protection constitutes a mis- 
demeanor. — Any person '^ who molests, injures, removes, 

' See II, 22b, 23b. 

!The term "person," as used in Article IV of the conservation law 
include.'; a copartnership, joint-stock company, or a corporation. See 
Appendix, p.:j5. 



STATE FOEESTBY LAWS NEW YORK. 



PART II— Coatmued.] 

destroys, or withholds supplies or other material main- 
tained for forest fire protection purposes shall be guilty 
of a misdemeanor. [C. L., sec. ()3, subsec. 3; * * *; L. 
1916, ch. 451, sec. 1.] 

Liability of violators: Crindnal. (See 11, 54, 55.) Civil. 
(See II, .57.) 

5. Establish and Operate Observation Stations, Telephone 

Lines, Etc. 

111. [The commission shall] Establish, maintain, equip, 
and operate forest fire observation stations, telephone 
lines, or other structures therefor as the public interest 
requires. [C. L., sec. 50, sub.sec. IS; * * * ; L. 1916, 
ch. 451, sec. 1.] 

112. Contract for. or purchase, telephone lines, for 
construction or operation. — [The commission shall] Make 
contracts, agreements or purchases either for construc- 
tion, operation or maintenance of telephone lines for fire 
protection purposes. Preferred rates may be granted to 
the State. — Any telephone company may grant the state 
a preferred rate. [C. L., sec. 50, subsec. 19; * * * ; 
L. 1916, ch. 451, sec. 1.] 

6. Build Fire Lines, Trails, Roads, Etc. 

[The commission shall] With consent of the owner, 
build or improve fire roads, ditches, trails, or fire lines. 
Not liable for trespass. — No action for trespass shall 
lie on account of injury to private property on such ac- 
count, if the act is performed in the protection of the 
forests from fire. [C. L., sec. 50, subsec. 20; * * * ; 
L. 191G, ch. 451, sec. 1.] 

7. Make Working Agreements with Land Owners as to 

Forest Fire Protection. 

[The commission] May enter into working agreements 
.with land owners for the purpose of securing better forest 
fure protection in the fire towns. [C. L., sec. 5o, sub- 
sec. 27; * * *; L. 1916, ch. 451, sec. 1.] 
Ceitaiu Additional Powers 'and Duties. 

Appoint necessary employees. (See I, 9.) 

Provide for posting, or distribution of, necessary informa- 
tion concerning forest fires. (See I, 28.) 

Include statistics of fires in annual report to the legislature, 
and publish and distribute special reports for informalion 
of the public. (See I, 29.) 

Mate forest rangers in three grades. (See A, p. 37.) 

Fir salaries of observers. (See II, 12.) 

May request comptroller to advance funds for facilitating 
payment of fire accounts. (See II, 26 TI2.) 

Certify to need for emergency loan for fire protection pur- 
poses. (See II, 29 p.) 

In fire towns, reimburse persons for fire-fighting expendi- 
tures. (See II, 26 fi.) 

Submit expense accounts of fire towns to boards of county 
supervisors, for reimbursement of State in respect to towns' 
share of the expenditures. (See II, 27.) 

Make required disposition of moneys received in actions 
for penalties under Article IV of C. L. (See II, 30.) 

Designate persons to issue permits for kindling fires in 
theopenin fire towns. (See II, 31.) 



Appro^le .fire protective devices for locomotives operating 
through forest lands. (See II, 36.) 

Have access,. for purposes of inspection, to railroad records 
as to condition of fire protective devices. (See II, 37 Hi.) 

May order to be removed from service any locomotive not 
properly equipped with fire protective devices, operating 
in. /ire towns. (See II, 37 112.) 

Require railroads operating through forest lands, to keep 
their rights of way cleared (see II, 39); and have distrre- 
tionary powers as to relieving railroads from this requirement 
and also from that of maintaining ./ire patrol along such 
rights of way (see II, 40 112). 

May request public service commission to determine the 
adequacy of precautions taken by railroads. (See II, 41.) 

Furnish blanks to railroads for reports on forest fires. (See 
11,42.) 

Approve fire protective devices for portable en.gines and 
other steam power plants. (See II, 44.) 

May grant extension of time in which to top-lop evergreen 
trees. (See II, 45 112.) 

Institute and conduct proceedings under Article IV of the 
Conservation Law. (See II, 48.) 

May request appointment of a deputy attorney general. 
(See II, 49.) 

Are empowered to issue orders for bringing actions for 
penalties under the Conservation Law. (See II, 50 HI.) 

Have authority to compromise caus of civil liability, and 
may confer the authority upon subordinates. (See II, 53.) 

Liability for failure to perform duties: Criminal. (See 
II, 54, 55.) Civil. (See II, 57.) 

FORE.STERS AND ASSISTANT FORESTERS. 

Powers and Duties. 

o. Of foresters: 

Perform such fire protection work as may be required. 

(See I, 18a.) 
Arrest violators, writhout warrant, and bring them before 
a magistrate, and exercise other necessary police 
powers. (See I, 16 1[2.) 
6 . Of assistant foresters: 

Assist the foresters in fire protection work. (See 1, 186.) 

c. Perform such other duties as the commission may re- 

quire. (See I, 10.) 

d. Liability for failure to perform duties: Criminal. 

(See II, 54, 55.) Civil. (See II, 57.) 

DISTRICT FOREST RANGERS. 

8. Salary. 

Five district forest rangers [are hereby authorized], who 
shall receive a salary of eighteen hundred dollars per annum , 
and * * * [C. L., sec. 51, subsec. 10; * * * ; L. 
1918, ch. 421, sec. 1.] 

9. Powers and Duties. 

a. Have charge of flre districts comprising portions of 
fire towns. — * * * each of whom [district forest 
rangers] shall have charge of a certain portion of the fire 
towns, to be known as a fire district, for the purpose of 
securing forest fire protection and preventing trespass 
upon state land. [C. L., sec, 51, subsec. 10: * * * ; 
L. 1918, ch. 421, sec. 1.] 



STATE I'OKESTRY LAWS NEW YORK. 



9 



AUT II— Conlii 



Hi.] 



'). Employ fire-fighting laborers, foremen, and teams — 
Compensation. — District forest rangers, forest rangers, 
ol)ser\'ers, lire wardens and game protectors or any other 
oflicer charged witli the duty of fire fighting may, wlien 
necessary, employ men who shall be paid at the rate of 
twenty cents per hour and teams to fight forest fires, and 
also engage other men t<j be known as foremen for particular 
fires to direct tlic work of men engaged in fighting such 
fires. Such foremen shall be paid at the rate of thirty 
cents per hour for time actually employed. Other ex- 
penses authorized. — These employees may incur other 
necessary expenses in connection with extinguishing for- 
est fires. Power to summon assistance. — They shall have 
the power to summon any male person of the age of eighteen 
years and upwards to assist in lighting such fires, and any 
person so summoned shall forthwith proceed to help ex- 
tinguish the fire as directed by the person summoning 
liim.' [C. L., sec. 51. subsec. 14; * * * ; ].. 1918, 
rh. 421, sec. 1.] 

Arrest violators, imtliout warrant, and bring them before, 
a magistrate, and ea:ereise other neccessarij police poirers. 
(See I, IG p.) 

Perform such other duties as the commission mag require. 
(See I, 10.) 

General Cross-References. 

Appointment. (See I, 9 \2, \Z.) 
Expenses. (See I, 26; II 96.) 

LiahiUty for failure to ■perform duties: Criminal. (See 
11, .'34, 55.1 Civil. (Seen, 57.1 

FOREST R.-VNOEKS." 

10. Salaries and Batings. 

NoTK. — The text of this section has been transferred 
to the Appendix (p. 37) for the reason that it has been 
considerably expanded by a 1918 amendment, which 
was received too late to be incorporated in the liody 
of the compilation. 

11. Are not Subject to Civil Service Classification. 

Those persons employed under subdivisions eleven,^ 
twelve* and thirteen* of this section, who are temporary, 
occasional or emergency employees, shall not be under 
competitive civil .service classification. [C. L., sec. 61, 
subsec. 15; * * * ; L. 1916, eh. 451, sec. 1.] 
Powers and Duties.'' 

I'rcient and extinguish forest fires. (See II, 1.) 

Employ fire-fighting laborers, foremen, and teams, and 
incur other necessary expenses. (See II. 96.) 

hnpress assistance. (See II, 95.) 



1 For penalties for failure to comply with summons to assist, see II, 
' 54, 55, 57, and tlie .\ppendix, p. .36 (Penal L., sec. 1900). 

= See also "Forest Rangers and Assistants," under "Town Organized 
Protection," p. 11. 

■' Forest rangers. 

* Observers. 
Fire wardens. 

'■ Forest rangers are also reciuirod to enforce all lish and t:amc laws. 
(See, in volume of Session Laws, sec. ttiO of V. h., as amended by ch. 
521, L. 1916.) 



Arrest violators, without warrant, and bring them before 
a inagistrate, and exercise other necessary police poviers. 
(See i, 16 p.) 

Approve compromises of civil liability, upon order of 
commission. (See II, 5.36, a 1[2.) 

Perform such other duties as the commission maij require. 
(See I, 10.) 
General Cross-References. 

Appointment. (See I, 9 112, \i.) 

Expenses. (See I, 26; II, 96.) 

Liability for failure to perform duties: (Jriminal. (See 
11,54, .55.) Civil. (See II, 57.) 

OBSERVER.S. 

12. Salary and Expenses. 

''1. Such observers [are hereby authorized] as may be re- 
quired * * *_ [p. J to be employed at a monthly com- 
pensation of not exceeding eighty-five dollars including 
allowance for expenses. Commission determines com- 
pensation.— The conservation commission shall fix and 
determine the compensation of these employees. [C. L., 
sec. 51, subsec. 12; * * *; L. 1918, cli. 421, sec. 1.] 

(See also I, 26; II, 96.) 

13. Powers and Duties. 

Operate forest fire observation stations. — [Obsei-vers are] 
to operate the forest fire observation stations, * * * 
[C.L., sec. 51, subsec. 12; * * *; L. 1918, ch. 421, seel.] 

Em.ploy fire-fighting laborers, foremen, and teams, and 
incur otlier necessary expenses. (See II, 96.) 

Impress assistance. (See II, 96.) 

Arrest violators, without warrant, and bring them before a 
magistrate, and exercise other necessary police powers. (See 

I, 16 112.) 

Perform such other duties as the commission may require. 
(See I, 10.) 
General Cross-References. 

Appointment. (See 1, 9 f2, fi.) 

Are not subject to civil service classification. (See II, 11.) 

Liability for failure to perform duties: Criminal. (See 

II, 54, .55.) Civil. (See II, -57.) 

KIKE WARDENS.' 

14. Kate of Compensation. 

a. In fire towns. — They [fire wardens] sliall bo paid at 
the rate of thirty cents per hour for time actually em- 
ployed. [C. L., sec. 51, subsec. 13; * * *; L. 1918. 
ch. 421, sec. 1.] 

Authority for incurring lire-fighting expenses. (See II, 
96.) 

Are reimbursed for necessary expenses. (See 1, 26.) 

5. In state organized fire districts. — Is prestribed by toun 
supervisors. (Seell, 2li.) 
16. Powers and Duties. 

ft. In fire towns. 

Extinguish fires. — Necessary fire wardens [are hereby 
authorized], who shall, when fires are actually burning, 



1 See als' 
p. 11. 



•Fire Wardens" under "Town Organized Protection," 



10 



STATE FORESTRY LAWS NEW YORK. 



PART II— Coiitmued.] 

have power and authority to take steps to extinguish lires. 

[C.L.,8ec. 51,subsec. 13: * * *; L. 1918, ch. 421, seel.] 

Employ fire-fighting laborers, foremen, and teams, and incur 
other necessary expenses. (See II, 96.) 

Impress assistance. (See II, 96.) 

Perform such other duties as the coinmisskm may require. 
(See I, 10.) 

Liability for failure to perform duties: Criminal. (See 
II, 54, 55.) Civil. (See II, 57.) 

6. In State organized fire districts. — None are specifically 
prescribed. (See II, 23. i 
Appointment. 

a. In fire towns. — Are appointed by commission, under its 
general authurily. (See I, 9 1(2, T[3.) Are not subject to civil 
service classification. (See II, II.) 

6. In State organized fire districts. — Are appointed by the 
supervisors of the respective towns comprising the fire districts 
(see II, 235), or by the commission, when the supervisor fails 
in his duty. (See II, 2.) 

CHIEF RAILROAD INSPECTORS. 

16. Qualification. 

They [chief raih'oad inspectors] must be familiar with 
the construction of locomotives and experienced in their 
operation. [C. L., sec. 51, subsec. 7; * * *; L. 1916, 
ch. 451, sec. 1.] 

17. Powers and Duties. 

Inspect engines and rights of way, and perform such 
other duties as may be assigned them. — Two chief rail- 
road inspectors [are hereby authorized], who shall in pect 
railroad locomotives and other engines, railroad r; :hts- 
of-way, and perform such other duties as may be ass: ;ned 
them. [C. L., see. 51, subsec. 7; * * *: L. 1916, ch. 
451, sec. 1.] 

(See also 1,10). 

Arrest violator.,, without warrant, and bring tlwni before 
a magistrate, and etercise other necessary police poucrs. 
(See I, 16, 112.) 

Consent to compromises of civil liability, upon order of 
commission. (See II, 536, a 112.) 

Perform, such other duties as the conimissioti may require. 
(See I, 10.) 
General Cross-Eeferences. 

Appointment.' (See I, 9 1[2, 113.) 

Expenses. (See I, 26.) 

Liability for failure to perform duties: Criminal. (See 
II, 54, 55.) Civil. (See II, 57.) 

AUDITOR OF FIRE ACCOUNTS. 

18. Salary. 

.\n auditor of lire accounts [is hereby authorized], who 
shall receive a salary of one thousand eight hundred 
dollars per annum. [C. L., sec. 51, subsec. 9; * * *; 
L. 1910, ch. 4.51, sec. 1.] 

19. Bond. 

He shall execute and lilc with the comptroller a bond 
to the people of the state in the sum of live thousand dol- 
lars for the faithful performance of his duties and that he 

1 No specific provision is made as 1o their corapensalion. 



will account for and pay over pursuant to law all moneys 
received by him. [C. L., sec. 51, subsec. 9: * * *; L. 
1916, ch. 451, sec. 1.] 

20. Duties. 

He shall audit lire bills and accounts of the forestry 
bureau, and perform such other duties as may be required. 
[C. L., sec. 51. subsec. 9: * * *; T,. 1916, ch. 451, 
sec. 1.] 

(See also I, 10.) 
General Cross-Beferences. 

Appointment. (See I, 9 112, 113.) 

Expenses. (See I, 26.) 

Liability for failure to perform duties: Criminal. (See 
II, 54, 55.) Civil. (See II, 57.) 

GAME PROTECTORS.! 

Forest Fire Powers and Duties. - 

Extinguish fires. (Sec II, 96.) 

Employ fire-fighting laborers, foremen, and teams, and 
incur other necessary expenses. (See II, 96.) 

Impress assistance. (See II, 95.) 

Are reimbursed for eKpenses. (See 1,5, 26: II, 96. "i 

Approve compromises of civil liability upon order of 
the commission. (See IT, 535, a 112.) 

Perform such other deities as the commission may regnire. 
(See I, 10.) 

Liability for faihire to perform duties: Criminal. (See 
11,54,55.) Civil. (See II, 57.) 

PIRE-FIGHTING LABORERS AND FOREMEN. 

General Provisions Concerning: 

a. Fire-fighting laborers: 

Are employed by district forest rangers and certain 

other officials to extinguish fires. (See II, 96.) 
Are paid at the rate of twenty cents per hour. (See 
II, 95.) 
6. Foremen: 

Are employed by district forest rangers and certain 

other officials to extinguish fires. (See II, 96.") 
Are paid at the rate of thirty cents per hour. (See 
II, 95.) 
c. Liability for failure to perform duties: Criminal. 
(See II, 54, 55. "l Civil. (See II, 57.) 

TOWN ORGANIZED PROTECTION. 

TOWN SUPERINTENDENT OF FIRES. 

21. In Towns Other Than Fire Towns. 

Supervisor of town serves as superintendent of fires : 
(J. Under the Town Law.^ — HI. In towns other than 
those mentioned in section ninety-seven of the conserva- 
tion law,"" the supervisor shall, by virtue of his ofRce, be 
superintendent of fires of his town and * * *. 

1 Special game protectors have the same powers and duties as game 
protectors. (See, in volume of Session Laws of 1913, C. L., sec. 171, as 
amended by ch. oOS of L. 1913.) 

• For proCTsions concerning game protectors' powers and duties imder 
the fish and game department, and also their appointment, salary, ex- 
penses, and the lilce, sec Article V of the conservation law. 

3 The Tovra Law (ch. 63, Laws 1909, and its equivalent, ch. 62 of the 
Consolidated Laws, both as amended through 1917) is indicated in 
this compilation by the abbreviation "Town L." 

< The list of to\vns referred to is now contained in sec. 62, subsec. 10 
of the conservation law. (See Table of -Acts, on p. 39.) 



STATE FORESTRY LAWS NEW YORK. 



11 



PART II— Continued.) 

•^2. Member of town board to be designated to act as 
substitute, when necessary. — The town boartl nf each 
(own shall at its liist annual meeting designate one of it*! 
members to act as such superintendent of fires for the 
ensuing year in case of absence of the super\'is()r. [Town 
L., sec. 98, subsec. S: * * * *; L. 1912, ch. 371, 
sec. 2.] 

h. Under the Conservation Law. — In the towns other 
than the lire towns the town supervisor shall be super- 
intendent of tires in his town and * * *. [C. T,., sec. 
52, subsec. 3; * * *; L. 19U;, ch. 451, sec. 1.] 

22. Prevents and Extinguishes Fires. 

a. Under the town law. — [The sviperintendent of fires 
shall lie] chiu-ged \Yilh the duty of preventing and ex- 
tinguishing forest fires. [Toivn L., sec. 98, subsec. 8; 

* * * ; L. 1912, ch. 371, sec. 2.] 

6. Under the conservation law. — * * * he [the super- 
intendent of fires] shall be charged with the duty of pre- 
venting and extinguishing forest fires. [0. L., sec. 52, 
subsec. 3; * * * ; L. 1916, ch. 451, sec. 1 .] 

23. Employs Assistants. 

II. Is empowered to employ forest rangers and other 
assistants. — He [the superintendent of fires] shall have 
110 wcr to employ persons to act as forest rangers in pre- 
venting and fighting fires and to employ necessary assist- 
ants therefor, and * * * [Town L., s3c. 98, subsec. 8; 

* * * ;L. 1912, ch. 371, sec. 2.] 

h. Is required to appoint fire wardens, and to report 
names of appointees to commission. — He [the superin- 
tendent of tires] shall have the power and is hereby re- 
quired to appoint necessary and competent fire wardens. 
On or before February fifteenth of each year, the town 
supervisor [the superintendent of fires] shall state to the 
commission, in writing, the names of the pei.sons whom 
he appoints to act as fire wardens during the current 
calendar year. [C. L., sec. 52, subsec. 3; * * * ; L. 
191(5. ch. 451, .sec. 2.] 

24. Has Certain Powers and Authority Similar to those 

Conferred Upon the Commission and Certain of its 
Subordinates. 
Hi. [The superintendent of fires] shall possess all the 
(lower and authority conferred upon the conser\ation 
commission, district forest ranger, forest ranger and fire 
warden under sections ninety-two and ninety-three' of the 
conservation law. [Town L.. sec. 98. subsec. 8; * * *; 
L. 1912, ch. 371, sec. 2.] 

Note . — The portions of said sections 92 and 93' which 
concern the powers and authority referred to, read as 
follows: 

§ 92. 1. * * » 

2. * * * The district forest ranger, the forest ranger, 
game protector, or any other officer charged with the duty of fighting 
Ores, may, when necessary, employ men and teams to' fight forest 
fires and foremen, to be known as "fire wardens, to direct the work 
ot men who are actually engaged in fighting forest fires, and may 
incur any other necessary expenses, and may summon any male 
person of the age of eighteen years and upwards to assist in fighting 
forest fires. * * * 

3. An action for trespass shall not lie against persons crossing 
or working upon lands of another to prevent or fight fires, or per- 
forming any other duties required by this chapter. 



' These two sections (92 and 93) constituted a part of the conservation 
law of 1912 .since materially amended and revised. 



§ 93. \\liere owners of woodlands, or any organization, shall 
maintain a fire patrol for protection of woodlands the commission 
may designate such patrolman as special fire warden and give lo 
him, fortne protection of lands patroled by liimor adjacent thereto, 
all the rights and pojvers of forest rangers as herein provided; and 
such special fire warden shall be paid wholly by such owners or 
organizations [L. 1912, ch. 144, sees. H2 and 93.1] 

12. Penalty for persons refusing to assist when sum- 
moned to fight forest fires. — Any j)erson summoned to fight 
forest fires who is physically able and refuses to assist 
shall be lialde to a penalty of twenty dollars. [To%vn L., 
sec. 98, subsec. 8; * * * ; L. 1910, ch. 371 , sec. 2.] 
General Cross-Beferences. 

Liability for failure to perform duties under Article IV" 
oftheC.L.: Criminal. (See II, 54, 55.) Civil. (See II, 57.) 

TOWN BOARDS. 

Powers and Duties. 
In fire towns: 

Provide the means for reimbursiwi the State for one-half 
of e.xpenses incwred, by the State protective organi- 
zation, in extinr/uishinrj fires which actually burned 
within their respective towns. (See II, 27.) 
In all other towns: 

Designate a member of the board to act as superintendent 
of fires, in absence of their respective town super- 
visors, (See II, 21a 112.) 

Fiv compensation of forest rangers, fire wardens, and 
other assistants authorized to be appointed by the 
toion superintaident of fires. (See II, 25.) 

Provide necessary means for maintaining the town fire 
protective system. (See II, 28 112.) 

FOREST RANGERS AND ASSISTANTS.' 

25. Compensation. 
The town board shall fix the compensation of all forest 

rangers and assistants employed under the provisions ot 

this section and * * * [Town L., sec. 98, subsec. 8; 

* * * ; L. 1912, ch. 371, sec. 2.] 

General Cross-Beferences. 
Are employed by superintendents of fires. (,8ee II, 23a.) 
Prevent and fight forest fires. (See II, 23a.) 

FIRE WARDENS.^ 

General Cross-Beferences. 

Are appointed by toiiii superintendents of fires.^ (See 
II, 23.) 

Rate of compensation is fixed by the town board.* (See 
11, 25.) 

Duties: None are specifically prescribed by law. (See 
II. 23.) 



o See Table of Acts, on p. 38. 

' See also "Forest Rangers," under ''State Organized Protection," 
on p. 9, and in the appendix, p. 37. 

!Scc also "Fire Wardens," under "State Organized Protection," 
p. 9. 

» In a State organized fire district, if a town superintendent of fires 
tails to perform his duty, the commission may appoint the necessary 
fire wardens. (See 11, 2. "i 

* There is no specific provision for the compensation of fire wardens 
outside ot State organized towns further than the general authority 
concerning compensation of forest rangers and necessary assistants. 
(See II, 25.) 



12 



STATE FOBESTRY luAWS NEW YORK. 



PART II— Continued.] 

DISTRIBUTION OF COSTS OF FIRE PROTECTION. 

STATK. 

26. In Fire Towns. 

111 . Makes initial payment of all fire protection expenses, 
of which the following constitute the state's share, namely, 
the salaries and ordinary personal expenses of the regular 
employees of the commission, and one-half of the expenses 
incurred in extinguishing fires actually burning. All 
salaries and other expen.ses incurred liy the commission 
and its employees in protecting the forests in the fire 
towns from tire shall be paid by the state. [C. L., sec. 
53, subsec. 2; * * *; L. 1916, ch. 451, sec. 1.] 

(See also *},3 of this section.) 

112. Comptroller advances funds, in installments of 
$5,000 each, to facilitate payment of expenses.— The 
comptroller may npon request, of the conservation com- 
mission advance, not to exceed five thousand dollars at 
any time, to said commission for the purjiose of facilita'.ing 
payment of fire accounts. [C. L.. sec. 53. .subsec 7; 

* * *; L. 191G, ch. 451, sec. 1.] 

p. Reimburses persons ' for fire-fighting expenditures. — 
If any person ' incurs expenses fighting forest fu-cs in 
a fire town, the commission may upon the receiji! of 
satisfactory proof and accounts filed in its offices wiifiin 
sixty days from the time the expense was incurred audit 
and pay all or such portion thereof as iu its judgiiient 
the public interest requires. [C. L., sec. 53, subsec. 4; 

* * *; L. 1916, ch. 451, sec. 1.] 

In Certain Other Towns. Namely, those Comprising 
State Organized Fire Districts. 
Pays fire protection costs other than those siiecijically 
imposed upon town organizations. (See IT, 2.) 

TOWN.S. 

27. Fire Towns. 

Reimburse state for one-half of expenses incurred in 
extinguishing fires actually burning. — One-half of all 
expense inciured under subdivision two" of this section 
in extinguishing fires actually burning, except salaries 
and expenses of regular employees, shall Ije a charge, 
upon tne town in which the fire burned. Expense 
account submitted by commission to boards of county 
supervisors. — The commission shall, on or befoie Novem- 
ber twentieth of each year, transmit to the clerk of the 
board of supervisors of each county containing fire towns 
a summary statement of expenses incurred together with 
the amount charged against each town in such county. 
Reimbursement funds raised through additional tax on the 
towns. — The said clerk shall immediately deliver such 
statement to the board of supervisors wno shall thereupon 
levy the said amouni due fiom each town to the state 
upon the taxable property of such town by including 
the said amount in the sums to be raised and collected 
in the next levy and assessment of taxes therein, and 

I The term "person," as used in Article IV ol t)ie conservation iaw, 
includes a copartncrsliip, joint-stock compan.v, or a corporation. (See 
Appendix, p. 35.) 

a See Table of Acts, on p. 38. 



the same shall be collected as otlier town taxes are col- 
lected [Limitation of time for making reimbursements. — ] 
and the amount due the state shall he paid by the 
supervisor to the conservation commission on or before 
May first following the levy thereof. [C. L., sec. 53, 
subsec. 3; * * *; L. 1916, ch. 451, sec. 1.] 

28. All Other Towns, Including those Within the State 

Organized Fire Districts. 

HI. Pay all expenses authorized to be incurred, under 
Town Law, in preventing and extinguishing forest fires.— 
* * * all expenses incurred under the provisions of 
this section' shall be a charge upon and paid by the 
town. [Town L., .sec. 98, subsec. 8; * * *; L. 1912, 
ch. 371, sec. 2.] 

\2. Raise funds for such purposes through an additional 
tax, or temporary loans by supervisors. — Towns other 
than fii-e towns may raise necessary funds for prevention 
and extinguislimenf of forest fires in their towns either 
by levy or Ijy the supervisor making temporary loans. [C.. 
L.. sec. 53. sub.sec. 6; * * *; L. 1916, ch. 451, sec. 1.] 

CONTINUING APPROPRIATIONS AND FUNDS. 

29. Fund for Emergency Fire Protection Purposes Secured 

Through Temporary Loan. 

111. Preamble. — In order to carry into effect the pro- 
vi;4onsof this article- the following^ is prescribed. [0 
L., sec. 53, proaml:le; * * *; L. 1916, ch. 451, sec. 1.] 

1[2. Comptroller makes loan with governor's approval. — 
The stale comiitroller shall have, suliject to the approval 
of the governor, the authority to make, on liehalf of the 
state, a temporary loan not exceeding one hundred 
thousand dollars in any fiscal year, for the use of the 
conservation commission in protecting the forests and 
extinguishing fires as provided liy this article [Com- 
mission certifies existence of emergency. — ] upon the 
cerlificaiion of the conservation commission that an 
emergency exists whereby through insufficiency of 
appropriations it is found to be impossible to protect 
the forests from fire. Legislature makes appropriation 
to cover loan, reported by comptroller. — The comptroller 
shall thereupon borrow such sums as may be directed 
liy the governor for sucii purj)oses and shall report such 
transactions to the legislature which shall thereupon 
appropriate the moneys borrowed. Section thirty -five 
of the finance law shall not apply to any indebtedness 
so incurred. [C. L., sec. 53. sulxsec. i; * * *; L. 
1916, ch. 451, sec. 1.] 

30. Disposition of Net Proceeds from Moneys in Actions 

for Penalties under Article IV.-' 
Moneys received in actions for penalties lirought under 
article four of this chapter shall be paid to the com- 
mission, who shall apply so much thereof as may be neces- 
sary to the payment of the expenses of collections. The 



> Sec. 9S ol Town Law. (See Table ol Acts, on p. 38.) 
2 Article IV of C. L. (See Table of Acts, on p. 38.) 
' For these provisions, in full, see sec. 53 of the t\ L., in Table of Acts 
on p. 38, 



STATE FORESTRY LAWS NEW YORK. 



13 



PAR]' II— Continued.] 

balance of such receipts shall be available for enforcing 
the various provisions of law for the protection of forests 
against fire. [C. L., sec. 30; L. 1912, ch. 444, sec. 4.] 

KINDLING FIRES IN THE OPEN. 

PERMIT RESTRICTIONS. 

31. Permit Required, in Fire Towns, for Setting Fires 

to Clear Land, Burn Logs, Brush, Etc. 

HI. No person ' shall set or cause to bo set tire for pur- 
pose of clearing laud or burning logs, brush, stumps, or 
dry grass, in any of the fii'e towns, without first having 
oljtainod from the commission a written permit so to do. 
Presence of person issuing permit required when forest 
land is endangered. — If such burning is dune near furcsl 
lands and if there is danger of the fire spreading, a person 
<lesignated txi issue such permits must be present. [C. L., 
.sec. 54, subsec. 5; * * *; L. 1916, ch. 451. sec. 1 .] 

Ii2. Commission designates persons to issue permits. — 
[The commission] May designate persons who shall have 
autliority to issue pei-mits as required by subdivision five, 
section fifty-four.- [C. L., sc-. 50. stibsec. 26; * * * 
L. 1916, ch. 451, sec. 1.] 

Liability for failure lo comply uilh reqHirrmeti.1: 
Criminal. (See II, 54, 55.) 

Ciml: Penalty. (See II, 57.) Damages. (Sec 11, 
59,60,61.) Costs of fire fighting. (See II, 62.) 

PROHIBITIVE RESTRICTIONS. 

32. Various Acts Prohibited On or Near Forest Land. 

a. Setting forest land on fire. — * * * no person' 
shall set forest land on tire; * * * 

■Scf, also, Penal L., .sec. 142! ; awl, also. sec. 1900. suhsec. 
1 . (Appendix, p. -ifi.t 

b. Setting fires for camping purposes without removing 
surrounding inflammable material. — * * * no fire 
shall be set in or near forest land in connectioix with 
camping without all inflammable material having first 
been removed for a distance of three feet around the 
fire; * * * 

r. Leaving fires unquenched. — No fires shall be set 
on or near forest land and left unquenched ; * * * 

(I. Using combustible gun wads or carrying naked 
torches. — * * * no person shall use combustible 
gvin wads or carry naked torches on forest lands; * * * 

e. Throwing down lighted matches, cigars, etc. — 

* * * no person shall drop, throw, or otherwise scatter 
lighted matches, burning cigars, cigarettes or toliacco; 

* * * 

/. HI. Setting fires that will endanger, or negligently al- 
lowing fires to extend to, neighboring property. — * * * 
no fire shall be set which will endanger the property of 
another; * * * 

' The term "person," as used in Article IV of the consc^^ation law, 
includes a copartnership, joint-stock company, or a corporation. (Sec 
Appendix, p. 35.) 

'See 11 of this section. 



'[2. * * * no person ' shall negligently suffer fire on 
his own property to extend to property of another; * * *. 

See also Penal L., sec. 1900, subsecs. 2 and .?. {Appen- 
di.t, p. .Id.) 

(J. Defacing or destroying posted forest fire notices. — 

* * * no person shall deface or destroy any notice 
posted containing forest fire warnings, laws, or rules and 
regulations. [C. L., sec. 54, subsec. 3; * * *; L. 
191G, ch. 451. sec. 1.] 

General Cross-Beferences to this Section. 

( 'nminal liability: 

For violation of subsecs. a. b. c, d. e./^l: 
Fire set iM/ully (felony). (See II, 56.) 
Fire caused accidentally or negligently {misde- 
meanor). (See II, 54, 55.) 
For violation of subsecs. f^2, g (misdemeanor). (See 

II, 54,55.) 
.Sir. also, Appendix, p. :i(!.. .sees. I.i21, and 1900. 
Civil liability : 
For violation of above subsecs.: 
Penally. (See II. 57.) Damages. (See II. 59, 60, 61.) 
Costs of fire fighting . (See 11. 62.) 

33. Close Season for Hunting, Camping, Etc., within 

Fire Towns, may be Proclaimed During Time of 
Drought. 
lil. Preamble. — The following provision shall apply 
in protecting forests from fire. [C. L., sec. 54, preamble; 

* * *;L. 1916, ch. 451, sec. 1.] 

12. Proclamation by governor. — Whenever, by reason 
of drought, the forests of the state are in danger of fires 
wliich may be caused by hunters, fishermen, trappers, 
or campers, the governor shall have the power to deter- 
mine and shall determine and declare that such pursuits 
are contrary to the public interest, and shall have the 
further authority to forbid by proclamation any person 
or persons carrying on such pursuits in so much of the 
territory included within the fire towns as he deems 
the public interest requires. Such proclamations shall be 
in full force and effect at the expiration of twenty -four hours 
after notice is given in the manner the governor may 
determine. [C. L., sec. 54, sul)8ec. 1; * * *: 1/ 
1916, ch. 451, sec. 1.] 

34. Sending up Unpiloted Hot Air Balloons Prohibited 

in, or Adjacent to, Fire Towns. 
No un])iloted hot air balloon shall be sent up in any 
fire town or in a town ailjaccnt tliereto. [(". L., sec. 54, 
suksec. 4; * * *; L. 1916, ch. 451, sec. 1.] 
Liability for violation of requirement: 
Criminal. (See II, 64,55.) 

Cinl: Penalty. (See II, 57.) Damages. (See 11, 59, 61.) 
Costs of fire fighting. (.See II. 62.) 
General Cross-Eeference Under Kindling Fires in the Open. 
In eonnection leith brush ami slash disposal in fire towns. 
(See II, 45,46,47.) 



1 The term "person,'' as used in Article IV of the conservation law, 
includes a copartnership, joint-stoclc company, or a corporation. (See 
Appendi.x, p. 35.) 



14 



PART II— Continued.) 



STATE FORESTRY LAWS NEW YORK. 



RAILROADS. 



35. Terms "Railroad" and "Railroad Company" De- 

fined. 
Railroad or railroad company includes all common 
carriers, logging or lumbering roads for public or private 
uses wherever the motive power is generated by steam. 
[C. L., sec. 62, subsec. 13; * * *; L. 1916, ch. 451, 
sec. 1.] 

PREC.\UTIONARY REQUIREMENTS THROUGH FOREST 
LANDS. 

36. Equip Locomotives with Approved Fire Protective De- 

vices of Ash Pan and Front Ends — Maintain and 
Properly Use Devices. 

T[l. Preamble.— In order to secure proper protection to 
the forests from fire the railroads which operate through 
such territory shall be subject to the following restrictions.' 
[C. L., sec. 55, preamble; * * *; L. 1916, ch. 451, sec. 1.] 

K2. No locomotive shall be operated unless equipped 
with fire protective devices of ash pan and front end which 
have been approved by the commission. Such devices 
shall be maintained and properly used. [C. L., sec. 55, 
subsec. 3; * * *; L. 1916, ch. 4.51, sec. 1.] 

Special penalty (civil) for violation of these requirements. 
(See II, 58 HI, 116.) 

Employees required to use fire protective devices effectively. 
(See II, 43.) 

37. Make Daily Inspection and Record of Condition of 

Devices During Danger Season. 

1|1. Every railroad company shall examine each coal 
burning locomotive each day it is operated between March 
first and December first, and record the condition of the 
fire protectve devices in a book, or books, kept for that 
purpose. Make record accessible to inspection by com- 
mission. — Such book, or books, shall be kept on file at 
such place or places in this state, as may be selected by 
each railroad company, and shall at all times at such places 
be accessible to inspectors of the conservation commission. 
Each railroad company shall within thirty days after the 
taking effect of this act file with the conservation com- 
mission a statement of the place or places at which it keeps 
such books; and in the event of a change of such place or 
places by said company, it shall file a statement of such 
change within five days after such change takes effect. 
[C. L., sec. 55, subsec. 5; * * *; L. 1917, ch. 266, 
see. 4.] 

Special penalty (civil) for violation of these requirements. 
(See II, 58 p, 117-) 

Tf2. Are liable to notice from commission to remove from 
service locomotives not properly equipped with fire pro- 
tective devices, operating in fire towns. — [The commission] 
May order removed from service, on forty-eight hours' 
notice, any railroad locomotive, operating in the fire 
towns, not properly equipped with fire protective devices. 



' For these restrictions, in full, see sec. 55 of the C. L., in Table of Acts, 
on p. 38. 



[C. L., sec. 50, subsec. 22; * * *; L. 1916, ch. 451, 
sec. 1.] 

38. leave no Unprotected Deposits of Fire, Live Coals, or 

Hot Ashes on Track or Right of Way, to Endanger 
Forest Lands. 

T[l. Fire, live coals or hot ashes shall not*be deposited 
unless properly protected upon any track or right of way on 
or near forest land. [C. L., sec. 55, subsec. 6; * * *; 
L. 1916, ch. 451, sec. 1.] 

1(2. The term "right of way," defined. — Right of way is 
the land adjacent to the tracks of a railroad and shall be 
construed to be fifty feet in width on each side of the center 
of the track but if the company own a lesser width it shall 
include the entire width owned by them. [C. L., sec. 62 
subsec. 11; * * *; L. 1916, ch. 451, sec. 1.] 

Special penalty (civil) for violation of requirement. (See 
II, 58 IJl, 118.) 

39. Clear Bights of Way, when Required by Commission. 
The right of way of all railroads which are operated 

through forest lands shall be kept cleared of all inflammable 
material whenever required by the commission. [C. L., 
sec. 55, subsec. 2; * * *; L. 1916, ch. 451, sec. 1.] 

Discretionary power, as to requirement, vested in the com- 
mission. (See II, 40 ^2.) 

Special penalty (civil) for violation of requirement. (See 
II, 58 111, 1[5.) 

40. Maintain Patrol Along Bights of Way, During Danger 

Season, Unless Relieved by Commission. 

HI. All railroads shall, on such parts of their rights ot 
way as are operated through forest lands, maintain from 
Ai)ril first to November fifteenth of each year a sufficient 
number of competent fire patrolmen unless relieved by 
the commission. File list of patrolmen in office of com- 
mission. — The railroad shall file in the office of the com- 
mission on or before April fu'st of each year a complete list 
of such patrol indicating the names of the men, their post- 
office addresses and portion of right of way assigned each 
patrolman. If any changes are subsequently made similar 
data shall be furnished on request of the commission. 
[C. L., sec. 55, subsec. i; * * *; L. 1916, ch. 451, 
sec. 1.] 

Special penalty (civil) for violation of these requirements. 
(See II, 58 Ijl, US.) 

112. Discretionary power, as to requiring patrol and clear- 
ing rights of way, vested in commission. — [The commis- 
sion] May relieve railroads from maintaining raih-oad fire 
patrol, or clearing rights of way when in the judgment of 
the commission the absence of such patrol or clearing will 
not subject the forests to fire menace. [C. L., sec. 50, sub- 
sec. 24; * * *; L. 1916, ch. 451, sec. 1.] 

p. Duties of fire patrolmen defined. — A fire patrolman 
shall be an able bodied man whose duty is to patrol agiven 
portion of right of way for the purpose of delecting prompt- 
ly any fires which may be caused by the operation of the 
raih'oad, or other fires which may occur upon such portion 
of the right of way, and secure their extinguishment. 
[C. L., sec. 62, subsec. 12; * * *; L. 1916, ch. 451, 
sec. 1.] 



STATE FORESTRY LAWS NEW YORK. 



15 



I'ART II— Continued.) 

41. Subject to Investigation, by Public Service Commis- 

sion, as to Adequacy of Precautions Taken. 
[Tlie commission] May request the public service com 
mission to hear and determine whether any railroad, per- 
son,' or company operating railroad locomotives through 
forest land is using such devices and precautions against 
the getting of forest fires, as the public interest requires. 
[C. L., sec, 50, subsec. 25; * * *; L. 1910, ch. 451, 
sec. 1.] 

42. Report to Commission Upon Forest Fires Along Rights 

of Way, Within Fire Towns or Protected Forest 
Lands. 
A verified report of every forest fire which originates on 
the right of way or within two hundred feet thereof, in any 
of the fire towns or protected forest lands, shall be prepared 
by the railroad concerned, upon blanks furnished by the 
commission, and filed in the office of the commission within 
ten days after such tire occurs. [C. L., sec. 55, sub.sec. 4; 
* * *; L. 1910. ch. 451, sec. 1.1 
EMPLOYEE,S. 

43. Required to Use Fire Protective Devices Effectively. 
Employees of a railroad shall at all times use in a proper 

and effective manner the fire protective appliances pro- 
vided by such railroad. [C. L., sec. 55, subsec. 7; * * *; 
L. 1916, ch, 451, sec. 1.] 

(Sec also II, 36.) 
Duties of Fire Patrolmen. 

(See 11, 40 '|3.) 

LIABILITY. 

General Cross-References. 

Criminal: Misdemeanor. (See II, 54, 55.) Felony. (See 
II, 56.) 

Civil: General penalty. (See II, 57.) Damages. (See 
II. 59, 60, 61.) Costs of fire-fighting. (See II, 62.) 

Note. — For references to additional penalties for 
violation of certain specific provisions, see II, 58 11, 
p, 115, \6, V, US- 
STEAM OPERATED ENGINES, MACHINES, AND 
POWER PLANTS, OTHER THAN RAILROAD 
LOCOMOTIVES. 

44. Prevent the Escape of Sparks, Cinders and Coals, On 

or Near Forest Lands, Under Direction of Commis- 
sion. 
No device for generating power which burns wood, 
coke, lignite or coal shall be operated in, through or near 
forest land, unless the escape of sparks, cinders or coals 
shall be prevented in such manner as may be required by 
the commission. [C. L., sec. 54. subsec. 6; * * * ; L. 
1916, ch. 451, sec. 1.] 
Liability for failure to comply with requirement: 
Criminal. (See II, 54, 55.) 

Civil: General penalty. (See II, 57.) Special penally. 
(See 11,58 Hi, 1;3.) Damages. (See II, 59, GO. 61.) 
Costs of fire-fighting. (See II, 62.) 



' The term "person," as used in Article IV o( the conservation law, 
ncludes a copartnership, joint-stock company, or a corporation. (See 
Appendix, p. 35.) 



C OMPULSORY BRUSH AND SLASH DISPOSAL. 

(In lire towns.) 
INCIDENT TO LUMBERING, Pl'BLIC WORKS. AND FARMING. 

45. Evergreen Trees must be Top-Lopped at Time of 

Felling — Exceptions. 

11. Every person ' who shall within any of the fire 
towns fell or cause to be felled or permit to be felled any 
evergreen tree for sale or other purposes shall cut off or 
cause to be cut off from the .said tree at the time of felling 
the said tree, unless otherwise authorized by the commis- 
sion before the trees are felled, all the limbs thereof up to 
a point where the trunk of the said tree has a longest diame- 
ter which does not exceed three inches, unless the said 
tree be felled for sale and use with the limbs thereon or 
for use with the limbs thereon. [0. L., sec. 54, subsec. 2; 
* * * : L. 1916. ch. 451. sec. 1.] 

12. Extension of time may be granted by commission. — 
[The commission] May grant an extension of time in which 
owners may comply with subdivision two of section fifty- 
four - when the commission is satisfied that such an ex- 
tension of time will not endanger the forests to fire, but in 
no case shall an extension be granted for a period of more 
than six weeks from the time of cutting. [C. L.. sec. 50, 
subsec. 23; * * * ; L. 1916, ch. 451, sec. 1.] 

46. Logs and other Inflammable Slashings must not be 

Left within Certain Designated Distances of Rights 
of Way of RaUroads and Public Highways. 
In any of the fire towns, brush, logs, slash or other in- 
flammable material resulting from the cutting of trees 
hereafter shall not be left or allowed to remain on land 
within twenty-five feet of the right of way of a railroad or 
within twenty feet of the right of way of a public highway. 
[C. L., sec. 54, subsec. 7; * * * ; L. 1917, ch. 266, sec. 3.] 

47. Brush or Other Inflammable Material must not be 

Left Upon Rights of Way of Highways. 
No person ' shall deposit, and leave in any of the tire 
towns, ljru.sh or intlammable material upon the right Of 
way of highways. [C. L., sec. 54, subsec. 8; * * * ; L. 
1916, ch. 451, sec. 1.] 
General Cross-References. 

Permit required if slash is disposed of by burning. (See 
II, 31.) 

Liability for failure to comply with requirements: 
Criminal. (See II, 54, 55.) 

Civil: General penalty.. (See II, 57.) Damages. (See 
II, 59, 60, 61.) Costs of fire-fighting. (See II, 62.) 

Note. — For references to additional penalties for 
violation of certain specific provisions, see II 58 11, 
12, 14. 

LEGAL PROCEDURE. 

INSTITUTION OF PKOCEKDINGS. 

48. Power of Commission to Institute and Conduct Pro- 

ceedings under Article IV " of the Conservation Law. 

[The commission is empowered to bring] Such actions 

or proceedings as may be necessary to insure the enforce- 



1 The term "person," as used in Article IV of the conservation law, 
includes a copartnership, joint-stock company or a corporation. (See 
Appendix, p. 35.) 

2 See m o( this section. 

a See Table of Acts, on p. 38. 



16 



STATE FOEESTRY LAWS NEW YORK. 



PART II— Continued.] 

ment of the provisions of this article. [C. L., sec. 50, 
aubsec. 11 (b); * * * ; L. 1916, ch. 451, sec. 1.] 

49. Deputy Attorney General Acts for Commission in 

Legal Proceedings. 
It shall be the duty of the attorney general, when re- 
quested by the commission, to appoint a deputy attorney- 
general, and such assistants as may be necessary, and as- 
sign them to the commission. The deputy attorney- 
general shall receive an annual salary of five thousand 
dollars. The salaries of the assistants shall be fixed by 
the commission. It shall be the duty of such deputy, 
in the name of the attorney-general, to conduct all prose- 
cutions for penalties imi^osed by the forest, fish and game 
law or by this chapter, and to bring all actions, suits and 
proceedings, which the commission shall be authorized 
to institute and maintain, and to defend all actions, 
suits and proceedings brought against the commission. 
Such deputy shall also act as counsel to the commission. 
[C. L., sec. 9; * * *; L. 1915, ch. 318, sec. 7.] 

50. Actions for Penalties Are Brought in the Name of 

the "People of the State of New York." 
p. Actions for penalties for violations of any provision 
of this chapter shall be in the name of the "People of 
the State of New York;" [Brought on order of the com- 
mission. — ] and must be brought on the order of the 
commission, and may be compromised, settled and dis- 
continued as provided in section nine' of this chapter. 
Such actions, if in justi es ' courts, may be brought in any 
town of the county in which the penalty is incurred, or, 
if the defendant resides in another county, in any town 
of the county m which the defendant resides. [C. L., 
sec. 26; L. 1912, ch. 444, sec. 4.] 

^2. Jurisdiction of courts in criminal cases. — Subject 
to the power of removal provided in the code of crim- 
inal procedure, courts of special sessions and police courts 
shall have, in the first instance, jurisdiction of offenses 
committed under this chapter, within their respective 
counties. A warrant shall be returnable before the mag- 
istrate issui'^ 5. the same. And, for the purpose of this 
chapter only, the jurisdiction of the courts mentioned 
in this section is extended as to misdemeanor.^ to permit 
the imposition of the fines and sentences authorized by 
this chapter. [C. L., sec. 31; L. 1912, ch. 444, sec. 4.] 

METHOD OF PROCEDURE. 

61. Immunity of Witnesses. 

No person shall be excused from testifying or produc- 
ing any books, papers or other documents in any civil 
or criminal action, or proceeding taken or had under this 
chapter, upon the ground that his testimony might tend 
to convict him of a crime, or to subject him to a penalty 
or forfeiture. But no person shall be prosecuted, pun- 
ished or subjected to any penalty or forfeiture for or on 
account of any act, transaction, matter or thing concern- 



1 The commission has no atithority to compromise, settle, or discon- 
tinue under sec. 9. mentioned above, wMch has to do solely with ques- 
tions of land titles and the authority of the court thereunder, but is 
otherwise granted compromise powers as to civil judgments acting 
under Article IV. (See n, 53. ) 



ing which he shall, under oath, have testified or pro- 
duced documentary evidence, and no testimony so given 
or produced shall be received against him upon any crim- 
inal investigation or proceeding; provided, however, 
that no person so testifying shall be exempt from prose- 
cution or punishment for any perjury committed by him 
in his testimony. Nothing herein contained is intended 
to give, or shall be construed as in any manner giving, 
unto any corporation, immunity of any kind. [0. L., sec. 
35; L. 1912, ch. 444, sec. 4.] 

52. Full Costs May Be Recovered in Actions for Pen- 

alties. 

HI. In case of recovery of any amount in an action 
brought for a penalty under this chapter or in any action 
authorized by this chapter, in any court of record, the 
people shall be entitled to recover full costs, of course, 
and at the rates as provided by section thirty-two hun- 
dred and fifty-one of the code of civil procedure, together 
with witnesses' fees and other disbursements. [C. L., 
sec. 27; * * *; L. 1915, ch. 554, sec. 1.] 

1|2. Enforcement of judgment. — Judgments recovered 
under this chapter may be enforced by execution against 
the person as provided by the code of civil procedure. 
A person taken into custody upon such an execution 
shall not be admitted to the liberties of the jail and shall 
be confined for not less than one day, and at the rate of 
one day for each dollar of the amount of the judgment 
recovered. No person shall be imprisoned more than 
once, or for more than six months on the same judgment. 
Imprisonment shall not operate to satisfy a judgment. 
[C. L., sec. 28; L. 1912, ch. 444, sec. 4.] 

(See also II, 57 p.) 

53. Compromise in Cases of Civil Liability. 

a. Authority to compromise such cases. — "II. By the 
commission. — [The commission] May compromise or 
adjust any judgment or claims arising out of violations 
of any pro\dsions of this article,' [Cases involving titles 
to lands excepted. — ] except where title to land is in- 
volved. [C. L., sec. 50,subsec. 12; * * *; L. 1916, ch. 
451, sec. 1.] 112. By employees, when specifically au- 
thorized. — No employees shall compromise or settle any 
violation of this article without the order of the commis- 
sion. [C. L., sec. 51, subsec. 16; * * *; L. 1916, ch. 
451, sec. 1.] 

b. Procedure in such cases. — A person who has vio- 
lated any of the provisions of this chapter and who de- 
sires to compromise and settle his civil liability therefor 
may appear with any regular or special game protector, 
fisheries protector, fire superintendent, forest ranger or 
inspector, before a court or justice having jurisdiction 
in civil actions, and thereupon such person may, upon 
the consent of the representative of the conservation 
commission appearing, compromise and settle his lia- 
bility for civil penalties under this chapter, for an 
amount agreed upon between said court or justice, the 
representative of the conservation commission and the 
person who committed such violation, which amount 



I Article IV of the C. L. (See Table of Acts, on p. 38.) 



STATE FORESTRY LAWS NEW YORK. 



17 



lAIiT n— Conlimiwl.l 

shall be not less than ten dollars nor more than the 
amount for which such person would be liable in a civil 
action for penalties. If such compromise be made, such 
person shall forwith subscribe his name to a statement 
setting forth concisely the facts constituting such viola- 
tion, the amount agreed upon, and that a judgment may 
be entered against him for that sum. Upon said state- 
ment being sworn to before and filed with said court or 
justice, he shall forthwith enter in his civil docket a 
record of the proceedings and the iimount of the judg- 
ment. 

Said court or justice shall upon the entry of such judg- 
ment be entitled to a fee of one dollar and fifty cents to 
be paid by the person who committed such violation. 

A judgment entered as provided herein may be en- 
forced by an execution against the property of the de- 
fendant; but no body execution shall issue thereon. 
Such judgment shall be a bar to a criminal action for the 
same violation, if satisfied within thirty days from the 
date of the entry thereof. [C. L., sec. 36; * * *; L. 
1917, ch. 486, sec. 3. J 
General Cross-References. 

Court reports, to the commissioii, rlisposition of cases, 
tried or compromised. (See sec. 37, C. T^., in vol. of lf(17 
Laws, ch. 486, sec. 4.) 

Actions pending in 1911 are continued hy, or against, the 
commission. (See I, 2 ^1, footnote 3.) 

CRIMINAL U.\BILITY. 

54. Misdemeanors Under Article IV ' of Conservation law. 
"1. Preamble. — In order to secure the erLforeemeut of the 

several sections of this article,' the following fines and 
penalties- are provided. [C. L., sec. 63, preamble; 

* * *; L. 1916, ch. 451, sec. 1.] 

112. Defined. — Any person^ who violates any provisions 
of this article ' or who fails to perform any duty imposed 
by any provision thereof shall be guilty of a misdemeanor, 

* * * [C. L., sec. 63, subsec. 1; * * *; L. 1917, 
ch. 266, sec. 6.] 

Penalties. (See II. 55.) 

55. Penalties for Misdemeanors Under Conservation Law, 

in General. 
For first offense. — A person' convicted of a misde- 
meanor under this chapter, except as otherwise provided 
herein,^ shall be punished by a fiae of not less than ten 
dollars nor more than one hundred dollars; and if such 
fine is not paid, he shall I^e imprisoned in a county jail 
or penitentiary until such fine is satisfied; which im- 
prisonment shall bo at tlio rate of one day for every dollar 
of such fine; [For second offense. — ] if any person be con- 
victed a second time of a niisdemeanor under this chapter, 
except as otherwise pro\dded herein, he shall be punished 



' See -Article IV of conservation law, in Tabic ot Acts, on p. 38. 

' For provisions, in full, concerning these fines and penalties, see sec. 
63 of the C. L. . in Table of Acts, on p. 38. 

3 The term "person," as used in -\rticle IV of the conservation law, 
includes a copartnership, joint-stock company, or a corporation. (See 
.VppondiSj p. 35. 

« See 1, 21 US, 14. 

51748—18 2 



either by a fine of not less than tweuty-five dollars nor 
more than one hundred and fifty dollars; or by imprison- 
ment in a county jail or penitentiary for not more than 
one hundred days, or by both such fine and imprison- 
ment ; if a fine imposed be not paid, he shall be imprisoned 
iu a county jail or iienitentiary until such fine is satisfied 
which imprisonment shall be at the rale of one day for 
every dollar of such fine; [For third offense. — ] if a person 
shall be convicted a third time of a misdemeanor under 
this chapter, unless otherwise provided herein, he shall 
be punished by imprisonment in a county jail or peni- 
tentiary for not less than ten days nor more than six 
months; and by a fine of not less than ten dollars nor 
more than one hundred dollars; and if the fine imposed 
be not paid, he shall be imprisoned in a county jail or 
penitentiary until such fine is satisfied; which imprison- 
ment shall be at the rate of one day for every dollar of 
such line and shall be in addition to the prison sentence. 
[C. L., sec. 32: * * *; L. 1916, ch. .521, sec. 2.] 
66. Felony, Under the Conservation Law. 

Setting fire wilfully on or near forest lands. — Any per- 
son' who sets tire wilfully in vinlationof section fifty-four, 
subdivision three,- shall be guilty of a felony. [C. L.. sec. 
63. subsec. 4; * * *; L. 1916, ch. 451, sec. ].] 

Sec also Appendixp. 36, " Excerpts from the Penal Law ." 

CIVIL LI.\BIUTY. 

57. General Penalty for Violation of Provisions Under 

Article IV', or Failure to Perform Duties There- 
under. -J 

Tl. [Any person' who violates any provision of Article 
IV', or who fails to perform any duty impoaed by any 
provision thereof, shall be guilty of a misdemeanor *] and 
in addition thereto shall be liable to a penaltj- of not less 
than ten nor more than one hundred dollars. [C L., 
sec. 63, subsec. 1: * * *; L. 1917, ch. 266, see. 6.] 

"^2. Imprisonment in case of default in respect to pay- 
ment of penalties imposed under section 63 '■ of the con- 
servation law. — In del'aiilt of the payment of any tine "or 
penalty imposed under this section," the defendant may 
be committed to jail until such fine or penal^ is paid, 
but the term of confinement shall not exceed one! day for 
each dollar of fine imposed. [C. L., sec. 63, subsec. 6; 
* * *; L. 1916, ch. 451, sec. 1.] (See also II, 52 p.) 

C'iril penalties may he compromised. (See II, 53.) 

58. Additional Special Penalties for Failure to Comply 

with Certain Requirements of Article IV.-' 
HI. Preamble. — The violation of any of the provisions 
of the following sections ' shall subject the person ' guilty 



' The term "person," as used in Article IV of the conservation law 
includes a copartnership, joint-stock company, or a corporation. (See 
.\ppendix, p. 35. 

! Subsec. 3 of sec. 54 of the conservation law. (See Tahlc of .\cts, on 
p. 38.) 

» See Article IV of the conservation law, in Table of Acts, on p. 38. 

* See II, 54 12. 

' For section 63 of the conservation law, see Table of .\cts, on p. 38. 

• The fines in cases of misdemeanor, which were formerly imposed by 
this section (sec. 63 of the conservation law), were omitted by the 1917 
amendment of subsec. 1, thereof. (See 11 of this section.) 

' Sees. 54, 55 ot conservation law. (See Table of Acts, on p. 38.) 



18 



STATE FORESTKY LAWS NEW YOEK. 



PART II— Continued.] 

thereof to the following penalties iu addition to the liabil- 
ity prescribed in subdi^^sion one' of this section; 112. 
[Properly top-lopping evergreen trees. — ]section fifty-four, 
subdivision two, ^ penalty of two dollars per tree; 1[3. 
[Equipment of portable engines, operating near forest 
lands, with proper fire protective devices. — ]for failure to 
comply with the provisions of suljdivisinn six ' of section 
fifty-four, penalty of twenty-five dollars per day; 114. (a) 
[Must not leave logs and other inflammable slashings 
within certain designated distances of rights of way of 
railroads and public highways. — ]for violation of sub- 
division seven ■* of section fifty-four, penalty of ten dollars 
per mile per day, and the owner, and every other person 
engaged in such cutting shall be liable therefor; * * * 
ib) Limitation as to time when liability begins to run, 
under (a). — Nevertheless, liability for penalty for viola- 
tion of subdivision seven * of section fifty -four shall not 
arise until the expii-ation of twenty days after notice in 
■writing of failure to comply with the requirements of such 
subdivif5ion. Service of notice, how made. — Seiwice of 
such notice may be made personally or by mail to the 
last known place of residence cjr locality of such per.son. 
1J5. Clearing rights of way and maintenance of fire patrol. — 
* * * for violation of the several subdivisions of sec- 
tion fifty-fi-\-e ■'• as follows: subdivisions one ^ and two " , ten 
dollars per mile per day; 16. [Equipment of locomotives 
with fire protective devices. — ]subdivision three," one hun- 
dred dollars per day per locomotive; Ij?. [Examination of 
devices on coal-burning locomotives, and keeping records 
open to commission. — ]subdivision five,'' penalty of twenty 
five dollars per day per place and penalty of one hundred 
dollars for failure to show record of inspector; p. [Must 
not leave deposits of live coals, etc., upon tracks and rights 
of way on or near forest lands. — ]for violation of subdivi- 
•sion six,'" one hundred dollars for each offense. [C. L., 
sec. 63, Bubdiv, 2; * * *: L. 1917, ch. 266, sec. 6.] 

Imprisonment is provided in case of default in respect to 
payment of penalties imposed under section 63'^ of the con- 
servation law. (See II, 57 112.) 

Civil penalties may be compromised. (See II, 53.) 
59. Damages when Forest Fires Are Caused Through 
Negligence. 

Preamble. — In case of damage by forest fire negligently 
caused the injured party may maintain actions in accord- 
ance with such of the following provisions" as are appli- 
cable thereto and shall have redress therefor. [C. L., 
sec. 56, preamble; * * *; L. 1916, ch. 451, sec. 1.] 

1 See II, 57111. 

2 See II, 45111. 
s See II, 44. 

< See II, 46. 

' Sec. 55 ol conservation law. (See Table ot Acts, on p. 38.) 

« See II, 40111. 

' See II, 39. 

» See II, 36. 

'See II, 37111. 
i» See II, 38111. 

o See Taljle of Acts, on p. 38. 

" For these provisions, in full, see this section and , he two sections 
which immediately follow (sees. 59,60,61). 



a. 1;1. On state lands. — Any person ' who causes a fire 
which burns on or over state lands shall be liaV)le to the 
state for trelile damages and, in addition, to a penalty 
of ten dollars for every tree killed by such fire. [0. L., 
sec. 56, subsec. 1; * * *; L. 1916, ch. 451, sec. 1.] 

112. Rates of damages same as for private lands. — 
Damages to state lands and timber shall be ascertained 
and determined at the same rate of value as if such 
properly were nrivately owned. [C. L., sec. 56. subsec. 
4; * * *; L. 1916, ch. 4.51, sec. 1.] 

6. On municipal or private lands. — Any person ' who 
causes a file which burns on or over lands belonging to 
another person or lo a municipality shall be liable to 
the party injured for actual damages in case of fire negli- 
gently caused or * * *; [C. L., sec. 56, sulisec. 2; 
* * *; L. 1916, ch. 451, sec. 1.] 

c. Liability not affected by distance from origin of 
fire, or fact of intervening tracts. — The state, a municipality 
or any person ' may sue for and recover under subdivisions 
one ^ or two ' of this section, however distant from the 
place where the fire was set or stai-ted and notwithstanding 
tha same may have burned over and across several separ- 
ate, intervening and distinct tracts, parcels or ownersliips 
of land. [0. L., sec. 56, subsec. 3; * * *; L. 1916, 
ch. 451, sec. 1.] 

60. Prima Facie Evidence of Negligence. 

a. By railroad company, when fire originates upon 
right of way. — The fact that a fire originates upon the 
right of way of a railroad shall l;e prima facie evidence 
that the fire was caused by negligence of the railroad 
company. [C. L., sec. .56, subsec. 5; * * *; L. 1916, 
ch. 451, sec. 1.] 

b. By owner or occupant of the land, when fire is set 
for clearing land, or disposing of brush, logs, etc., within 
a fire town.- -Whenever a fire has been set for the purpose 
specified in sul)division five of section fifty-four" iu 
any of the fire towns it shall be prima facie evidence that 
the fire was started by the owner or occupant of the land. 
[C.L.,sec.56,suljsec.6; * * *; L. 1916, ch. 451, sec. 1.] 

61. Damages when Forest Fires Are Wilfully Caused. 
On municipal, or private lands. — [Any person ' who 

causes a fire which bums on or over lands belonging to 
another person or to a municipality shall be liable to the 
party injured] for damage at the rate of one dollar for each 
tree killed or destroyed in case of fire wiU'ully caused. 
[C.L., sec. .56, subsec. 2; * * *; L. 1916, ch. 451, sec. 1.] 
Liability not affected by distance from origin of fire, or 
fact of intervening tracts. (See II. 59c.) 

62. Costs of Fire-Fighting May Be Recovered, in Addition 

to Damages and Penalties. 

Any moneys necessarily expended by the state, a 
municipality, or any person ' in fighting forest fires may be 
sued for by the state, municipality or person expending 

1 The term "person," as used in Article IV of the conservation law, 
includes a copartnership, joint-stock company, or a corporation. (See 
Appendix, p. 35.) 

» See subsec. a HI of this section. 

3 Sec subsec. b of this section, and II, 61. 

a See Table of Acts, on p. 38. 



STATE FORESTRY LAWS NEW YOBK. 



19 



PART II— ContiiiuKi.) 

the same and recovered from the person ' caus'.ng the 
fire. Such actions may be maintained in addition to 
other actions for damages or penahies and may be de- 
manded in the same or separate actions. [C. L., sec. 53, 
subsec. 5; * * *; L. 1916, ch. 451. sec. 1.] 



DI.SPOSITION OF MONEYS llEOOVERED IN ACTIONS FOR 
PENAI/riES. 

Under Article IV " of the Conservation Law. 

N'et proceeds available for forest fire protective ivork. (See 
11,30.) 



PART III.— PUBLIC FORESTS. 

(This part comprises thcprovisions of law, it any, for the estahlishraent and care of suite and municipal forests and for the practice of forestry 
on these and on other lands owned by the state.) 



STATE FORESTS. 

PURPOSE OF E.STABLISHMENT. 

1. For Use of AU the People. 

All lands ^vithin such park,-' now owned, or which may 
hereafter be acquired by the state, shall be forever re- 
served and maintained for the free use of all the people. 
[C. L., sec. 62, subsec. 3; * * * ; L. 1916, ch. 451, 
sec. 1.] 

NoTE.^Included in the above general purpose, the 
law specifically provides that these lands maybe used, 
under certain conditions, in connection with river 
improvement and regulation works to the extent 
necessary, except that not to exceed 3 per cent of the 
area may be used for construction and maintenance 
purposes. [C. L., sec. 456-a; L. 1914, ch. 493, sec. 1; 
and C. L., sec. 446; L. 1916, ch. 584, sec. 1.] 

2. Protective Restrictions. 

Preamble. — In order to protect the lands described in 
this article ^ the following provisions * shall apply. [C. 
L., sec. 61, preamble; * * *; L. 1916, ch. 451, sec. 1.1 

a. Certain acts prohibited: 

*i 1. Trespass upon timber, in general, or other property. — 
No person ^ shall cut, remove or destroy any trees or 
timber or other proiierty thereon or enter upon such lands 
with intent so to do. [C. L., sec. 61, subsec. i; * * *; 
L. 1916, ch. 451, sec. 1.] 

^2. Injtiry to trees planted for reforestation. — No person ^ 
shall injure or cause to be injured any trees planted for 
the purpose of reforestation. [C. L., sec. 61, subsec. 7; 
* * *; L. 1916, ch. 451, sec. 1.] 

13. Special penalties for cutting trees. — Any person * 
who cuts or causes to be cut any tree or trees upon the 



' Ttie term "person," as used in jVrticIe IV of the conservation law, 
includes a copartnership, joint-stoclc company or a corporation. (See 
-Vppeudbc, p. 35.) 

! This statement ot purpose is applicable to the forest preserve, as a 
whole, notwithst;\ndin^' that the above te.xt constitutes a part of the 
description of the Catskill Park, since a similar declaration of purpose 
is appended to the description of the .Vdirondack Park. (See m, .34 112.) 

sThe term "lands described in this article'' (Art. IV of C. L.), 
would seem to lead to the inference that the provisions of this section 
apply to lands in municipal forests, as well as to those belonging to the 
State. In most of the prorfsions, however, the restrictions are spe- 
cifically placed upon State lands. 

* For these provisions, in fuU, see Sec. tU of C. L.. in Table of .\cts, 
on p. 38. 

'The term "person," as used in -\rticle IV of the conservation law, 
includes a copartnership, joint-stock company, or a corporation. (See 
.\ppendix, p. 35.) 



forest preserve shall be liable to a penalty of ten dollars 
per tree or treble damages or both. [C. L., sec. 63, 
subsec. 5; * * *; L. 1916, ch. 451, sec. 1.] 

1[4. Use of lands for agrictUtural or grazing purposes. — 
No person ' shall use any portioir of the forest preserve 
for agricultural purposes, nor shall cattle or domestic 
animals of any kind be permitted to graze thereon. [C 
L., sec. 61, subsec. 3; * * *; L. 1916, ch. 451, sec. 1.] 

Tf5. Depositing rubbish or other waste material. — No 
person ' shall deposit or leave thereon any rubbish or 
other waste material. [C. L., sec. 61, subsec. 4; * * *; 
L. 1916, ch. 451, sec. 1.] 

16. Leasing or transferring of lands or improvements. — 
No person ' shall lease, transfer or accept any lease or 
transfer of any lands in the forest preserve or of any 
improvements thereon. [C. L., sec. 61, subsec. 5; 
* * *; L. 1916, ch. 451, sec. 1.] 

b. Permit required for erection or use of buildings. 

111. No buildings shall be erected, used or maintained 
upon the forest preserve except under permits from the 
commission. [C. L., sec. 61, subsec. 2; * * *; L. 1916, 
ch. 451, sec. 1.] 

12. In connection with working mines. — Permission to 
erect buildings for working mines upon state lands witliin 
the forest preserve may be given by the * * * [con- 
servation] commission, and elsewhere, by the commis- 
sioners of the land office, when such lands are entirely 
denuded of timber or when such commission or com- 
missioners are satisfied that the erection or occupation of 
such buildings will not be detrimental to the interests 
of the state. Trees may only be removed incident to 
road-making. — Nothing in this article - shall authorize 
any person working a mine upon state lands to cut or 
destroy any timber whatever except such trees as it may 
be actually necessary to remove in order to uncover or 
make a road to such mine. Payment required for trees 
removed, over a certain size. — For each tree measuring 
four inches or more in diameter at a height of one foot 
from the ground, which shall be so cut, the party operat- 
ing the mine shall pay into the state treasury the sum 
of one dollar. [Pub. Lands L.,' sec. 84.] 



a See Table of Acts, on p. 38. 

' The term "person," as used in Article IV of the conservation law, 
includes a copartnership, joint-stock company, or a corporation. (See 
.Appendix, p. 35.) 

' Article 7 of public lands law. 

s The pubUc lands law is contained in L. 1909, ch. 50, and its equivalent 
ch. 46 of the consolidated laws, both as amended through 1917. 



20 



STATE I'OKfiSTRY LAWS NEW YORK. 



PART III— Continued.] 

f. Permit required to work mines. — Nothing contained 
in this article ' shall affect any grant heretofore made by 
the legislature to persons having discovered mines; nor 
be construed to give any person a right to enter upon or 
break up the lands * * * of the state, or to work 
any mine in su(?h lands, unless the written consent 
* * * of the commissioners of the land office, when 
the lands belong to the state, shall l)e previously obtained. 
[Pub. Lands L., sec. 84.] 

General provisions as to liability for violations of pro- 
visions of Article IV" of C. L. : Criminal. (See II. 54, 55.) 
Civil. (See II, 57.) 

d. Suitable conditions may be imposed by commission 
in disposing of improvements. — The commission may 
dispose of any improvements upon the forest preserve 
under such conditions as it deems to be to the public 
interest. [C. L., sec. 61, subsec. 6; * * *; L. 1916, 
ch. 451, sec. 1.] 

('. Permit required for removal of material belonging to 
the state. — No person - shall remove any material be- 
longing to the state from the state lands without the 
authorization of the commission. [C. L., sec. 61, subsec. 
8; * * *; L. 1916, ch. 451, sec. 1.] 

General provisions as to liability for violations of pro- 
visions of Article IV^ of C. L.: Criminal. (See II, 54, 55.) 
Civil. (Sep II. 57.) 

ESTABLISHMENT. 

3. Forest Preserve Defined. 

a. General description of areas. — The forest preserve 
shall include the lands owned or hereafter acquired by 
the state \vithin the county of Clinton, except the towns 
of Altona and Dannemora, and the counties of Delaware, 
Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, 
Oneida, Saiatoga, Saint Lawi-ence, Warren, Washington, 
Greene, Ulster and Sullivan, except 

(a) Lands within the limits of any village or city, and 

(b) Lands not wild lands and not situated within either 
the Adirondack park or the Catskill park acquired by 
the state on foreclosure of mortgages made to loan com- 
missioners. [C. L., sec. 62, subsec. i; * * *; L. 1917, 
ch. 266. sec. 5.] 

6. T[l. Adiiondack park. — All lands^ located in the forest 
preserve counties of the Adirondacks within the following- 
described boundaries, to wit: * * *, I1i2.] shall consti- 
tute and be known as the Adirondack park. All lands 
within said park now owned, or which may hereafter he 
acquired by the state, shall be forever reserved and 
maintained for the u.se of all the people. [C. L., sec. 62, 
subsec. 2; * * *; L. 1916, ch. 451, sec. 1.] 

c. 1|1. Catskill park. — All lands^ located in the counties 
of Greene, Delaware, Ulster and Sullivan within the fol- 



tt See Table ot Acts, on p. 38. 

1 Article 7 of public lands law. 

2 The term "person," as used in Article IV of the conservation law, 
includes a copartnership, .joint-stock company, or a corporation. (See 
Appendix, p. 35.) 

3 The te.xt of this description, in detail, which is here omitted, will 
be found in the Appendix (see p. 33). 

» The text of this description, in detail, which is here omitted, will 
be found in the Appendix (see p. 34.) 



lo wing-described boundaries, to wit: * * *, [112.] shall 
constitute and be kno%™ as the Catskill park. [C. L. 
sec. 62, subsec. 3; * * *; L. 1916, ch. 451, sec. 1.] 
Lands reserved for free use of all the people. (See III, 1.) 

4. Lands Acquired by Purchase. 

a. Under conservation law, with approval of the gov- 
ernor. — [The commission may] Purchase, subject to 
the approval of the governor, lands, forests, rights in 
timber or any interest therein, situated within the Adi- 
rondack or the Catskill parks or lands contiguous, con- 
nected with or adjacent to either park. [C. L., sec. 50, 
subsec. 6; * * *; L. 1916, nh. 451, sec. 1.] 

b. Under bond issue appropriation act, with approval of 
commissioners of the land office. — Any such lands' [ as 
are indicated in sec. 1 of this act (see III, 14 112.)] may be 
acquired under the direction of the conservation commis- 
sion by purchase, by and with the advice and consent of 
the commissioners of the land office,- without other ap- 
proval, or * * * [L. 1917, ch. 146, sec. 2.] 

Payment made only upon warrant and audit of comptroller, 
based on approved vouchers of conservation commission and 
commissioners of the land office, U'ith certificate of attorney 
general as to title and conveyance. (See III, I.'?.) 

5. Lands Acquired by Entry and Appropriation. 

«. Under conservation law, with approval of the gov- 
ernor : 

^.1. Preamble. — The commission shall, with the ap- 
proval of the governor, have the power and authority to 
appropriate real property in the manner and under I 
the conditions herein ' defined : [C. L., sec. 59, preamble; 
* * *; L. 1916, ch. 451, sec. 1.] 

112. The commission may enter upon and take possession 
of any land.s or waters or both, or of any forests and rights 
in timber upon such lands, or upon any part, or portion 
thereof, within the Adirondack or Catskill parks or adjacent 
thereto, the appropriation of which, in the judgment of 
said commission, shall be necessary for public park pur- 
poses, or for the jirotection and conservation of the lands, 
forests and waters within the state, and [sic] * * *[ (_;., 
L., sec. .59, subsec. 1 (a): * * *; L. 1916, ch. 451, 
sec. 1.] 

b. Under bond issue appropriation act, with approval of 
the commissioners of the land office. — * * * they 
[such lands as are indicated in sec. 1 of this act (see 111,14 
112)] may be acquired under the direction of the conserva- 
tion commission by entry and appropriation in the manner 



'The term "lands," as used in this act, includes the improvements 
thereon, if any. All land acquired under this act shall l>e for the use of 
all the people. |L. 1917, ch. 146, sec. 4.] 

2 The [Bond Issue] enabling act coneemins this bond issue contains 
the following provision: "Subject to the niinR of such cousent, any 
such proceedings .shall be conducted by and in the name of the conserva- 
tion commission; Provided, however, that if iiny other board, otRcer 
or commission shall succeed by law to the general powers of the conserva- 
tion commission in relation to the care of the forest preserve, such latter 
board, offlcer or commission .shall have and exercise all of the powers 
and duties conferred by any provision of this section upon the conser- 
vation commission." (L. 1916, ch. 569, sec. 4.] 

3 For these provisions, in full, so far as they concern forestry, see sec. 
59 ot C. L., in the Table of Acts on p. 38. 



STATE FORESTRY LAWS XEAV YORK. 



21 



PART III— Contmucd.l 

l)ro\aded l)y section fifty-nine" of tho conservation law, 
as amended, relating to lands within the Adirondack or 
CatskiU ])arks or adjacent thereto. Sec. 59 of C. L. ap- 
plies.- All the provisions of such section shall u])i)ly to 
lands to be acquired under this act ' and the ac(iuiaition 
thereof and to compensation or damages therefor, [Excep- 
tions. — ] excepting as follows: (]) the entry and appro- 
jiriation .shall he with the advice and con.sent of the com- 
missioneis of the land office instead of the approval of the 
goveinoi, and (21 .such consent, in WTiiing, shall he filed 
with the county clerk of each county in which lands pro- 
posed to he taken are situated. [L. 1917. ch. 14G. sec. 2.] 
Lands acquired suhjer.t to retention hi/ oirner of title to 
timber. (See III, 8.) 

6. Lands Acquired by Gift or Devise. 

Under conservation law. —[The commission may] Re- 
ceive and accejit in th(^ name of the peonle of the state, 
by gift or devise, the fee or other estate therein of lands 
or timber or liolh. for forestry purposes. [('. L.. .sec. 50, 
subsec. 7; * * *; ],. i<ji(i. fh . 451. sec. l.| 

7. Lands Acquired by Tax Sales. 

Note. — The provisions under which the Stale 
acquires lands through tax sales are general, and the 
text is, accordingly, omitted here as not being prop- 
erly forestry legislation. Briefly, the general sco|je 
of these provisions may be stated as follows: 

1. By bidding in in the first instance. (See 'I'ax 
L.^ gees. 122, 123. 133.) 

2. By reversion through default in payment by 
the original purchaser. (See Tax 1,., sec. 126.) 

3. By purchase, through priority right, when origi- 
nally bid in by the follo\v^ng counties: Saint Law- 
rence, Lewis, Clinton, Warren, \Va<!hington and 
Oneida. (See Tax I,., .■^ecs. 1-50, 151.) 

8. Lands Acquired by Entry and Appropriation Subject to 

Retention of Title to Timber by Owner. Under Both 
Conservation and Bond Issue Appropriation Acts.' 
'(. Through agreement.- Land ac'iiuiied by purchase * 
may be taken subject tci the reservatidii uf the trees there- 
on [Diameter limit.— ] down U) eight inches in diameter, 
breast high, at the time of such purchase, [Right to owner 
to remove timber, subject to any existing encumbrances. — ] 
with the right to the owner to remove the same within the 
time specified in the next section.' or upon agreement be- 
tween the commission and the o\vner. subject to any lease, 
mortgage, or other incumbrance, not extending fifteen 
years beyond the date of acquisition. Value of timber re- 
served and of other encumbrances, to be deducted from 
purchase price. — The amount or value of any such lien, 
iiHumlirance or timber resei-vation, upon land so pur- 



uSec Taljlc of Acts, on p. 3S. 

' L. 1917, ch. 146. (.Sec Talilc of Acts, on p. 3S. ) 

- "Tax L.," as used in this compilation ol; the forcsUy laws of New 
York, indicates the tax law (oh. 62, Laws 1909, and its equivalent, ch. 
lifl of tlie Consolidated Laws, I)Oth as amended throiiph 1917), 

' .See III, 5b. 
• See III, 4n. 

- See in, 96, 



chased, shall be de(lu<ti'(l from the purchase price lhere(jf. 
[C. L., sec. .59, subsec. 10; * * *; L. lOKi, ch. 151, 
sec. 1.] 

h. Through court of claims proceedings. -The owner of 
laud taken under Ibis artiilo ' in;iy,[With consent of com- 
mission and under certain conditions. ] with tho written 
consent of the conservation commission, and within the 
limitations hereinafter prescribed,- reserve trees thereon 
[Diameter limit. — ] not lo.ss than eight inches in diameter, 
breast liigli, at the time of the service of the notices [Re- 
moval not to destroy forest floor. — jprovidod the removal 
of such trees will not destroy the forest cover. Time limit 
for making reservation. — Such reservation must be ex- 
ercised withhi six months after the service upon the owner 
of a notice of the appropriation, by the owner serving upon 
such commission a written notice that he elects to reserve 
such trees. Waiver of right. — If such notice be not served 
by the owner witliin the time above specified he shall be 
deemed to have waived his right to such resei-vation, and 
such trees shall thereupon become and be the property of 
the state. The presentation of a claim to the ciun't of claims 
before the service of a notice of resei-vation shall be deemed 
a waiver of the right to such re.seiwation. [(.'. I-., sec. .59, 
subsec. 0: * * *; L. 1910, ch. 451. sec. 1.] 

9. Such Retention of Title to Timber Subject to Certain 
Limitations. 

Preamble. - T'he right to reserve timber, and the manner 
of exercishig and consummating such right, are subject to 
the following restrictions, limitations and conditions:^ 
[C. L., sec. 59, subsec. 1 1 : preamble, ***;!, lOKl, 
ch. 451, .sec. L] 

u. As to location with reference to lakes, ponds, or 
rivers. — Timber withhi twenty rods of a lake, pond lu' 
river cannot be resei-ved. Roadway rights, and conditions 
attached. — Under the supenision of the commission roads 
may he cut or built across or through such excepted space 
of twenty rods, for the purpose of remo\'ing trees from ad- 
joining lantls, and the person* reser^dng such timber on the 
adjouiing lands, his legal representatives or assigns, shall 
have the right, which right shall be deemed a part of such 
reser%'ation. to construct such roads, through and across the 
reserved timber land, and through and across such except- 
ed strip, as may lie necessary to remove the timber so re- 
served: liut in constructing such roads only such trees shall 
be cut as are within the limits of such roads. The commission 
may prescribe the manner of all such roads [Use of dead, 
down, and other necessary timber. — ] and may permit the 
use of any dead, down or other necessary timber for the 
construction only of roads, skid ways, lumber camps, or for 
fuel, whicli right shall also be deemed a part of the soft 
wood timber reservation by the owner. No trees or timber 
shall be cut for the construction of roads, camps or other 



1 Article IV of C. L. (See Table of Acts, on p. 38.) 

-'See III, 9. 

3 For provisions, in full, see subsecs. a and b of this section. 

< The term "person," as used in .\rticle I\' of the conservation law, 
includes a copartnership, joint-stock company or a corporation. (See 
Appendix, p. 35.) 



22 



STATE FORESTRY LAWS NEW YORK. 



PART III— Continued. 

purposes, except such as are reserved by the owner, or for 
which permission to cut has been given as provided in this 
section. [C. L., sec. 59, subsec. 11(a); * * *; L. 1916, 
eh. 451, sec. 1.] 

b. As to time of removal. — All timber reserved by the 
owner must be removed from the land within fifteen years 
after the service of notice of resei-vation or the making of 
the contract of purchase, subject to reasonable regulations 
to be prescribed by the commission; such land shall not be 
cut over more than once, and said commission may pre- 
scribe reasonable regulations fur the purpose of enforcing 
this limitation. Forfeiture of title. — All timber resci-ved, 
and not removed from the land within such time, shall 
thereupon become and be the property of the state, and 
all title or claim thereto by the original owner, bis legal 
representatives or assigns, shall thereupon be deemed 
abandoned. [C. L., sec. 59, subsec. 11 (b); * * *; L. 
191f3, ch.451,sec. 1.] 

c. As to use of waters for removal. — Persons' entitled to 
cut and remove timber under this article may use streams 
or other waters of the state within the forest preserve coun- 
ties for the purpose of removing such timber, under such 
regulations and conditions as may be prescribed or impc ised 
by the commission. Liability for damages suffered by 
state. — The persons using such waters shall be liable for 
all damages suffered by the state or any pereon caused by 
such use. [C. L., sec. 59, subsec. 19; * * *; L. 1916, 
ch. 451, sec. 1.] 

d. As to payments : 

1]1. Payment is deferred until the following conditions 
are complied with. — A person ' who resei-ves timber as pro- 
vided in this article - shall not be entitled to any compen- 
sation for the value of the land purchased or taken and 
appropriated by the state, or for any damages caused there- 
by, until [:] 

(a) Timber has been removed. — The timber so reserved 
is all removed and the object of the resen'ation fully con- 
summated; or 

(b) Time limit for removal has expired, or right of re- 
moval has been waived. — The time limited for the removal 
of such timber has fully lapsed, or the right to remove any 
more timber is waived by a written instrument filed with 
said commission; and 

(c) Commission satisfied that no cause of action by 
State exists against owner. — Said commission is satisfied 
that no trespass on state lands has been committed by such 
owner, or his assigns, or legal representatives; that no tim- 
ber or other property of the state, not so reser^'ed, has been 
taken, removed, destroyed, or injured by him or them, and 
that a cause of action in behalf of the state does not exist 
against him or them for any alleged trespass or other injury 
to the property or interests of the state ; and 

(d) Rules and regulations have been fully complied 
with. — That the owner, his assignee or other legal repre- 
sentatives, has fully complied with all rules, regulations 



1 The term "person," a.s used in Article IV of the conservation law, 
includes a copartnership, joint-stock company or a corporation. (See 
Appendix, p. 35.) ^ 

2 Article IV of C. L. (See Table of Acts, on p. 38.) 



and requirements of said commission concerning tlie use 
of streams, or other property of the state, for the purpose of 
removing such timber. Proviso : Payment, upon conditions 
prescribed, may be directed at any time. — Provided, how- 
ever, that said commission may at any time by its certifi- 
cate tiled with the comptroller direct the payment to the 
owner of such land, his legal representatives or assigns, of 
the compensation therefor, or a part thereof, at such time 
and upon such conditions as may be set forth in the certifi- 
cate. [C. L., sec. 59, subsec. 12; * * *; L. 1916, ch. 
451, sec. 1. 

1[2. Interest not payable on purchase price, or award, for 
value of lands or for damages caused — Exception. — If tim- 
ber is reserved upon land purchased or appropriated as 
provided by this article,' interest is not payable upon the 
purchase price, or the compensation which may be award- 
ed for the value of such land, or for damages caused by 
such appropriation, except as provided in subdivision 
seven of this section.^ [0. L., sec. 59, subsec. 17: * * *; 
L. 1916, ch. 451, sec. 1.] 

10. Procedure in Taking Possession of Lauds, Under 
Both Conservation and Bond Issue Appropriation 
Acts." 
(I. A description of such lands, properly endorsed, 
is filed in the office of the Secretary of State. — An accmate 
description of such property so entered upon and appro- 
priated * shall be made by the commission, who shall certify 
under its seal that the description is correct, and shall 
endorse thereon a notice that the property described 
therein is appropriated by the people of the state of New 
York for the purpose described iii this section.* The 
original of such description and certificate shall be filed 
in the office of the secretary of state. The conservation 
commission may make such additional copies of this 
certificate and description as may be necessary and certify 
the same. [0. L., sec. 59, subsec. 2; * * *; L. 19](), 
ch. 451, sec. 1.] 

b. T[l. One copy of such endorsed description given, 
in person, or otherwise, to the owner of the lands, com- 
pletes the procedure. — The said commission shall there- 
upon cause a duplicate of said description and certificate;, 
with notice of the date of filing thereof in the office of said 
secretary of state, to be sei-ved on the owner or owners of 
the lands, forests, and rights in timber upon such lands 
and waters so appropriated; and from the time of such 
service the entry upon and appropriation by the people of 
the state of the property described in such notice shall 
be deemed complete, and thereupon such property shall 
become, and be, the property of the people of the state. 
Effect upon status of lands. — Such notice shall hi- 
conclusive evidence of an entry and appropriation 1>\ 
the state; but the sei-vice of such notice shall raise no pre 
sumption that the lands, forests, and rights in tinrber 



1 Article IV of C. L. (See Table of Acts, on p, 38.) 

' See III, 12. 

' See III, 5b. 

* See III, ba,b. 

> Sec. .59 of C. L. (Sec Table of Acts, on p. 38,) 



STATK FORESTRY LAWS NEW YOKK. 



23 



I'ART Ill-Coiuiiuied.) 

upon such lands described tlierein are private property. 
[C. L., sec. 59. subsec. 3; * * *; I.. 1916, ch. 451, 

80C. 1.] 

1[2. Service of the notice and papers provided for under 
subdivision three must be personal if the person to be 
served can be found within the state. If the person to 
be served falls within any of the classes mentioned in 
section four hundred and thirty-eight of tlie code of civil 
jjrocedure, the provisions of article second, title one of 
cliapter live of the code of civil procedure relating to the 
service of a summons in an action in the supreme court, 
sliall apply, so far as practicable, to tlie sei-vice of such 
notice and papers. [C. L., sec. .59. sul)sec. 1; * * * ■ 
L. 1916, ch. 451, sec. 1.] 

r. A second copy of such endorsed description, together 
with evidence that the owner has been duly notified, to be 
filed in the office of the county court. -Said commission 
shall thereupon cause a duplicate of such description, 
certihcate, and notice of filinsj. with an athdavit of due 
serv'ice thereof on such ovTOer or owners, to be recordeil in 
the books used for recording deeds in the ofiice of the clerk 
of any county in this state in which any of the property 
ilescribcd therein may be situated; [Evidence of due 
service of notice. — ]and the record of such notice, and of 
such proof of sen-ice. shall be presumptive evidence of 
due sei-vice thereof. [C. L., sec. 59, subsec. 5; * * *; 
L. 1916, ch. 451, s«r. 1.] 

11. Payment for Lands Acquired through Agreement with 
the Owner. Incident to Entry and Appropriation, 
and for Damages Caused Thereto. 

"1 Commission may adjust, by agreement with owner, 
payment for lands, and for any damages caiised. (Ap- 
plies under both Conservation Law and Bond Issue 
Appropriation Act.'). — Claims for the \alue of the pnjpcrty 
appropriated, and for legal damages caused by any such 
appropriation, may be adjusted by the commission, if the 
araoinit th?reot can be agreed upon witli tlie owner oi- 
owners thereof. Commission certifies to comptroller 
amount due. — Upon making any such adjustment and 
agreement the commission shall deliver t(.) the comptroller 
a certificate stating the amount due to said owner on 
iiccuuul of sucli appropriation of his land or other property. 
[Payment made upon warrant of the comptroller. — ]and the 
amount so fixed shall be paid by the treasurer upon the 
warrant of the comptroller. [C. L., sec. 59, subsec. 6; 
* * *; L. 1916, ch. 4.51. sec. 1.] 

' '2. Value of any timber reserved must be taken into 
consideration in determining amount of compensa- 
tion. — If timber be reserved, its value at the tune of 
makiivg an agreement between the owner and said com- 
mission for the value of the land so apjjropiiated, and 
the legal damages caused thereby, or at the time of the 
presentation to the court of claims of a claim for such value 
and damages, shall be taken into consideration in deter- 
mining the compensation to be awarded to the owner on 
,i< count of such appropriation either by such agreement 



' See III, 5 b. 



or by the judgment rendered uixm such a claim. [(;. I/., 
sec. 59, subsec. 13; * * *; 1,,. 1916, ch. 451, sec. 1.] 
(See also III, 8 <(.') 

1[3. Amount of damages and penalties for trespass or 
other Injuries to lands may be adjusted by commission, 
and must be deducted from the compensation agreed upon, 
or amount awarded by court. — In case of trespasses or 
other injuries to lands or projjerty purchased or acquired 
by the state the commission may settle and adjust any 
claims for damages due to the state on account of any such 
trespasses or other injuries to property or interests of the 
state, or penalties incurred by reason of such trespasses 
or otherwise, and the amount of such damages or penalties 
so adjusted shall be dediicted from the original com- 
pensation agreetl to be paid for the land, or for damages, 
or from a judgment rendered by the court of claims on 
account of tlie appropriation (jf .such land. Judgments 
recovered by State for such trespass or injuries must also 
be deducted from payments for lands. — A judgment 
recovered by the state for .such a trespass or for a penalty 
shall likewise bo deducted from the amount of such 
compensation or jud.gment. [(■. L., .sec. 59, subsec. 
14: * * *; L. 1916, ch. 451, sec. 1.] 

Amount of any lease, morUjage, or other encumbraiice must 
be deducted from, payments for lands. (Sec III, 8a.) 

1|4. Commission must certify to the comptroller that 
these conditions have been complied witli, in advance 
of issuance of warrant for amount of compensation agreed 
upon, or amount awarded by court. — A warrant shall not 
be drawn Ijy the comptroller for the amount of compensa- 
tion agreed upon between the owner and said commission, 
nor for the amount of a judgment rendered by the court 
of claims, until a further certificate by the commission 
is filed with the comptroller to the effect that the owner 
has not reseiwed any timber and that he, his assignee or 
other representative, has complied with the provisions 
of this article,' or has otherwise become entitled to receive 
the amount of the purchase price, award or judgment. 
[C. L.. sec. 59, subsec. 16; * * *; L. 1916, ch. 451, 
sec. 1.] 

For special procedure under the bond issue appropriation 
act, see III, 13. 

12. Payment for Lands Acquired Through Court Pro- 
cedure. Incident to Entry and Appropriation, and 
for Damages Caused Thereto. ^Applies Under 
Both Conservation and Bond Issue Appropriation 
acts^.i 

'i I . Court of claims may determine value of lands and 
legal damages due. when commission and owner fail to 
agree thereon. — If the commi.ssion and the owner or 
owiKTS of the property so appropriated fail to agree upon 
the value of such property, or upon the amount of legal 
damages resulting from such appropriation, within one 
year after the service of the notice and papers prowled 
for in section sixty-eight ■' of this chapter, such owner 



■ .\ilic!e IV of C. L. (See Table of .Acts, on p, 38,) 
- See III, 56, 

s Sec, 6S has been revised and remiiubereU as sec, 59, subsec, 3, (See 
HI, 10611.) 



24 



STATE FORESTRY LAWS NEW YORK. 



PART III— Continued.] 

may, within two years after the service of such notice 
and papers, present to the court of claims a claim for the 
value of such land and legal damages; and said court 
shall have jurisdiction to hear and determine such claim 
and render judgment thereon. Payment made upon 
warrant of comptroller. — Upon filing in Ihe office of said 
commission, and in the office of the comptroller, a certi- 
fied copy of the judgment of the court of claims, and a 
certificate of the attorney-general that no appeal from 
such judgment has been, or will be taken, by the state, 
or if an appeal has been taken, a certified copy of the 
final judgment of the appellate court affrrming in whole 
or in part the judgment of the court of claims, the comp- 
troller shall issue his warrant for the payment of the 
amount due the claimant by such judgment, with inter- 
est from the date of the judgment until the thiitieth day 
after the entry of such final judgment, and such amoiuit 
shall be paid by the treasurer. [C. L., sec. 59, subsec. 
7; * * *; L. 1916, ch. 451, sec. 1.] 

112. Court may examine lands and secure local testi- 
mony. — The court of claims, if requested by the claim- 
ant or the attorney-general, shall examine the real prop- 
erty affected by the claim of damages for the appropria- 
tion thereof and take testimony in relation thereto in 
the county where such property or a part thereof is sit- 
uated. [C. L., sec. 59, subsec. 8; * * *; L. 191li. ch. 
451, sec. 1.] * 

113. Judgment must show encumbrances upon prop- 
erty. — When a judgment for damages is rendered for the 
appropriation of any lands or waters for the purposes 
specified in this article, and it appears that there is any 
Lien or encumbrance upon the property so appropriated, 
the amount of such hen shall be stated in the judgment, 
and * * * [C. L., sec. 59. subsec. 15; * * *; L. 
1916, ch. 451, sec. 1.] 

Value of any Umber trservefl must be talrn into consid- 
eration in determining amount of compensation. (See III, 
11 112.) 

Amount of damayes and penalties for trespass or other 
injuries to lands also deducted. (See III, 11 1f3.) 

114. Taxing of costs and disbursements. — If an offer 
is made by said commission for the value of land ap- 
propriated, or for damages caused by such appropriation, 
and such offer is not accepted, and the recovery 
[of the amount awarded] in the court of claims ex- 
ceeds the offer, the claimant is entitled to costs and 
disbursements as in an action in the supreme court, 
which shall be allowed and taxed by the court of claims 
and included in its judgment. If in such a case the re- 
covery in the court of claims does not exceed the offer, 
costs and disbursements to be taxed shall be awarded in 
favor of the state against the claimant and deducted from 
the amount awarded to him; or if no amount is awarded, 
judgment shall be entered in favor of the state against 
the claimant for such costs and disbursements. If an 
offer is not accepted, it can not be given in evidence on 
the trial. [C. L., sec. 59, subsec. 18; * * *; L. 1916, 
ch. 451, sec. 1.1 



116. Comptroller may deposit in bank amount awarded, 
subject to payment under the judgment. — * * * the 
comptroller may deposit the amount awarded to the 
claimant in any bank in which moneys belonging to the 
state may be deposited, to the account of such judgment, 
to be paid and distributed to the persons entitled to the 
same as directed by the judgment. [C. L., sec. 59, sub- 
sec. 15; * * *; L. 1916, ch. 451, sec. 1.] 

Commission muM certify to ihe comptroller that required 
conditions have been complied with, in advance of payment 
of amount of award or judgment . (See III, 11 1l4.) 

13. Kestrictions on Payment for Lands Acquired Under 

the Bond Issue Appropriation Act.' 
Payment made only upon warrant and audit of comp- 
troller, based on approved vouchers of conservation com- 
mission and commissioners of the land office, with cer- 
tificate of attorney general, as to title and conveyance of 
lands purchased. — No moneys appropriated by this act', 
shall be jiaid out for any purpose, other than to pay 
judgments of the court of claims-, except upon the war- 
rant and audit of the comptroller and only after submis- 
sion to him of vouchers therefor approved by the con- 
servation commission and by the commissioners of the 
land office, accompanied, in the case of payments for 
lands acquired by contract, with the certificate of the 
attorney-general approving the title to and conveyance of 
lands purchased. [L. 1917, ch. 146, sec, 3,] 

14. Appropriation of Funds, TJnder Bond Issue Appropria- 

tion Act. 

Kl. Issuance and sale of bonds authorized. — When- 
ever the comptroller shall receive from the conservation 
commission an estimate in writing, approved by the 
commissioners of the land office, of the amount of moneys 
presently required for the objects and puiposes of such 
appropriation, he shall issue and sell bonds, pursuant 
to chapter five Inmdred and sixty-nine of the laws of 
nineteen hundred and sixteen,' to the amount of such 
estimate. The approval of such estimate by the com- 
missioners of the land office shall be by resolution, which 
shall be attached to the estimate. [L. 1917. ch. 146, sec. 5. | 

1f2. Appropriation made of $2,500,000 for acquirement 
of lands for state park purposes within the forest pre- 
serve counties. — The sum of two million five hundred 
thousand dollars ($2,500,000) is hereby appropriated 
out of moneys realized from the sale of bonds ■* issued in 
accordance with the provisions of chapter five hundred 
and sixty-nine of the laws of nineteen hundred and six- 
teen,' to acquire lands pursuant to such chapter for state 



1 L. 1917, ch. 146. (See Table of .\cts, on p. 38.) 

2 Judgments of the court of claims under section fl(ty-mne of the con- 
servation law shall be paid as therein ]iro\ided. [L. 1917. ch. 14G, sec. 
3.] See also III, 12. 

3 See volume of session laws. 

* The ! Bond Issue] enabling act concerning this bond issue contains 
also the following provisions: 

"The moneys realized from such bonds, after appropriation by the 
legislature, shall lie available for payment of thepurcha.se price, where 
lands are acquired by contract, and for the payment of judgments and 
awards in case of proceedinf;s by condem nation or by entryandappro- 
priation. " [L. 1916, ch. 569, sec. 4,] 



STATE FOBESTRY LAWS NEW YORK. 



25 



PART III— Continued.] 

park purposes within the forest preserve counties, which 
lands, if owned by the state on the seventh day of No- 
vember, nineteen hundred and sixteen, under the exist- 
ing law would be part of the forest preserve. [L. I'Jl", 
i-h, 146, sec. 1.1 

LANDS LEVIED I'PON FO|{ GENERAL PROPERTY TAXESi 
AND BRIDGE AND HIGHWAY LOANS. 

15. Assessment of Taxes. 

Assessed and taxed at like valuation and rate as similar 
private lands. — All wild or forest land within the forest 
preserve and also all such lands owned by the state in the 
towns of Altona and Dannomora. county of Clinton, 
except the lands in the town of Dannemora upon which 
buildings and inclosures are erected and maintained by 
the state for the use of state institutions, together with 
said buildings thereon, shall be assessed and taxed at a like 
valuation and rate as .similar lands of individuals within 
the counties when- sinuileil. Assessment roll recorded 
in office of comptroller and of conservation commission 
Amount of forest and state lands shown. — On or before 
August first in every year the assessors of the town within 
which the lands so belonging to the' state are situated 
.shall tile in the office of the comptroller and of the con- 
servation commission, a copy of the assessment-roll of the 
town, which in addition to the other matter now required 
by law, shall state and specify which and how much, if 
any, of the lands assessed are forest lands, and which and 
how much, if any, are lands l)elonging to the state; such 
statements and .specifications to lie verified liy the oaths 
of a majority of the assessors. Assessment subject to 
readjustment upon request of commission. — The comp- 
troller shall thereupon and before the fu-st day of Sept- 
ember following, and after hearing the assessors and the 
conservation commission, if they or any of them so de- 
sire, correct or reduce any assessment of state lands which 
may be in his judgment an unfair proportion to the re- 
maining assessment of land mthin the town, and shall in 
other respects approve the assessment and communicate 
such approval to the assessors. Comptroller approves 
assessment. — No such assessment of state lands shall l>e 
valid for any purpose until the amount of assessment is 
approved liy the comptrollci, and such approval attached 
to and deposited with the assessment roll of the town, 
and ihereT^nth delivered by the assessors of the town to 
the supervisors thereof or other officer authorized to re- 
ceive the same from the assessors. [Tax L., sec. 22; L. 
1912, ch. 245, sec. 1.] 

16. Levy of Taxes. 

". Taxes for school house or road purposes may be 
imposed on state lands only if approved by commission. — 
\o tax for the erection of a schoolhouse or opening of a 



' Tlic following property sliall be exempt from taxation: 



■2. Troperty of this state other than its wild or forest land-s in the 
forest preserve. [Tax L., sec. 4.] 



road shall be imposed on the slate lauds uidess such 
ereclion or opening shall have first been approved in 
writing by the conseivation commission. [Tax L., sec. 
22; L. 1912, ch. 245. sec. 1.] 

h. Amount of tax credited to county treasurer, on 
account.— The treasurer of the slate, upon the cer- 
tificate of the comptroller as to the correct amount 
of such tax, shall pay the tax levied upon state lands in 
the forest preserve, l)y crediting to the treasurer of the 
county in which such lands may be situated, such taxes, 
upon tho amount ])ayable by such county treasurer to 
the slate for stale tax. No fees shall be allowed by the 
comptroller to the county treasurer for .such portion of 
the .slat e 1 ax as is so paid . [Tax L., sec .80.] 

17. Loans for Bridge and Highway Purposes. 

II. Throughout the forest preserve. 

^1. On certificates of indebtedness in anticipation of 
taxes. — The siii)ervisor may, when aulhorized by the 
town board, borrow money in anticipation of taxes to be 
levied and collected, on the credit of tho tow'n, and issue 
certificates of indebtedness therefor in the following cases 
[for bridge and highway pur])os&s]: * * * [Highway 
L.' sec. 96.] 

f2. On bonds or other obligations. A proposition may 
be submitted at a regular or si>ecial town meeting in the 
manner provided by the town law, authorizing the town 
to bon-ow money upon its bonds, or other obligations, 
to be expended for the following purposes [liridge and 
highway purposes]: 

* * * * * 

If the town adopting any such proposition shall contain 
any portion of the land of the forest preserve, the board 
of supervisors shall not authorize such town to Iwrrow 
moneys without the written approval of the * * * 
[conservation] commissioner, except in payment of a 
debt lawfully incurred by the townr. [Highway L., 
sec. 97; L. 1914. ch. 202, sec. 1.] 

h. Within the Adirondack park. 

Certain loans authorized above are null and void unless 
approved in advance by the state comptroller. — No money 
shall be borrowed, as provided in .sections ninety-six and 
ninety-seven of this act,* by a town containing lands of 
the Adirondack park, where the assessed value of the real 
property of the state equals or exceeds twenty-five per 
centum of the assessed value of the taxable property of 
the town, until the consent, in w-riling, of the state comp- 
troller that such loan or loans be made, be procured and 
filed in the office of the town clerk of the town intending 
to negotiate the loan or loans. Any loan made in viola- 
tion of this section, for an indebtedness thereby intended 
to be created, shall be null and void and no moneys of 
the town shall be paid thereon. [Highway L., sec. 97-a; 
L. 1917, ch. 565, sec. 1.] 



1 The highway law is contained in L. 1909, ch. 30, and its equivalent, 
ch. 25 of the consohdated laws. 
sSeosuIisec. a tl, 112. 



26 



STATE FORESTRY LAWS NEW YORK. 



PART III— Continued.] 

ADMINISTRATIVE OFFICERS' ' GENERAL POWERS AND 
DUTIES. 

18. Have Care and Control of State Owned Lands within 

State Forests. 

[The commission shall] Have the care, custody, and con- 
trol of the several preserves, parks, - and other state lands 
described in this article.^ [C. L., sec. 50, subsec. 1; 
* * * ; L. 1916, eh. 451, sec. 1.] 

Acquire control of additional lands therein by means of: 
Purchase (see III, 4); Entry and appropriation— {see 
III, 5); Gift or devise (see III, C); Tax sales effected 
through the comptroller (see III, 7). 

Include in each annual report a description of all lands 
purchased during the year, and statement as to any trespass 
upon state lands; and publish and distribute special reports, 
for information of the public. (See I, 29.) 

Maintain state forest nurseries and use trees Ihen/rom to 
reforest state lands. (See I, 24.) 

Laws relating to care and management of stale forests are 
administered under the division of lands and forests. (See 
I, 11 HI.) 

19. Have Custody of Abstracts of Titles, Contracts, etc. 
[The commission shall] Have the custody of all aljstracts 

of title, papers, contracts or memoranda relating thereto, 
[Original deeds excepted.^] except original deeds lo the 
state, for any lands purchased for forest preserve piir])oses. 
[C. L., sec." 50. subsec. 13; * * *; L. 1916. ch. 45i, 
sec. 1.] 

20. Survey and Determine Boundaries of State Lands. 
[The commission shall] Survey, map and determine 

boundaries of lands owned liy the state. [C. L.. si-. . 50. 
subsec. 15; * * *; L. 1916, ch. 451, sec. 1.] 

21. Make Rules and Begulations, and Issue Permits for 

Use of Lands. 

[The commission] May make rules, regulations and issue 
permits for the temporary use of the forest preserve. [('. L., 
sec. 50, subsec. 28; * * *; L. 1916, ch. 451, sec. 1.] 

(See also I, 21.) 
Certain Additional Powers and Duties. * 

Approve the reservation of timber rights on lands being 
acquired for forestry purposes (see III, 86); and prescribe 
and enforce conditions and regulations concerning such rights. 
(See III, 9.) 

Take required action mnrerning taking possesslo)i of 
lands. (See III, 10.) 

Enter into an agreement with owner as to payment for 
land being acquired under entry and appropriation proceed- 
ings, and for damages caused thereby (see III, 11); and 

1 The several oflicers who arc concerned in these general powers and 
duties arc the commissioner, deputy commissioner (see I, 3,9), superin- 
tendent of forests (see I, Ifi), and assistant superintendent of forests 
(see 1, 17). 

! The text matter concerning these park reservations other than state 
forests has heen iilaced in the Appendix (pp. 33-35), since it is not deemed 
altogether pertinent to this compilation of forestry laws, even I hough 
incidental forestry may be practiced on the reservations. 

3 Article IV of C. L. (See Table of Acts, on p. 38.) 



certify to the comptroller the fulfillment of its conditions, in 
advance of payment. (See III, 11 1f4.) 

Approve, and submit to comptroller, vouchers for payment 
in cases of lands acquired under the bond issue appropria- 
tion act, except in cases involving court of claims procedure. 
(See III, 13.) 

Submit to comptroller approved estimate of moneys re- 
quired to acquire lands under the bond issue appropriation 
act. (See III 14 HI.) 

May request a hearing by the comptroller as to the fairness 
of assessment on State lands within the forest preserve. (See 
III, 15.) 

Approve the erection of school houses and opening of 
roads, in advance of tax therefor being imposed upon stale 
lands within the forest preserve. (See III, 16.) 

Approve loans, for bridge and highway purposes, to he 
negotiated through bonds or other obligations by towns con- 
taining forest preserve lands. (See III, 17 \\. \1.) 

Issue permits for erecting and maintaining buildings 
upon the forest preserve for: 

a. I')irposes in general. (See III, 26 ^l.) 

h. In connection with working mines. (See III, 26 1'2.) 

Dinpo.^e of improvements upon the forest preserve. (See 
III, 2r/.l 

Authorize removal, from state lands, of material belonging 
to th( state. (See III, 2e.) 

Bring actions or proceedings for: 
Enforcing rights of state in real property. (See III, 2(i. ) 
Determining questions of land titles. (See III, 26.) 
Cancelling or setting aside cancellations of tax sales. 
(See 111, 26.) 

Superintendent afforests directs the locating of boundaries 
of State lands. (See III, 23.) 

fOMMISSIONERS OF THE LAND OFFICE. 

Powers and Duties. 

Approve purchases of lands. (See III, 46.) 
Approve vouchers for payment in cases of lands acquired 
under the bond issue appropriation act, except in cases in- 
volving court of claims procedure. (See III, 13.) 
Grant permits for working mines. (See III, 2c'.) 

STATE COMPTROLLER. 

Powers and Duties. 

Is required to issue a warrant, supported by duly approved 
vouchers, as a basis for payment in cases of lands acquired 
under the bond issue appropriation act, except in those in- 
volving court of claims procedure. (See III, 13.) 

Issues warrant, for payment of amount of award, to owner 
of lands acquired through eOurt proceedings. (See III, 12 

HI.) 

Deposits in bank amount so awarded, subject to payment 
under the judgment. (See III, 12 T[5.) 

Issues and sells bonds under bond issue appropriation act. 
(See III. 14 Hi.) 

Grants hearings, upon request of commission, concerning 
assessments on State lands within the forest preserve. (See 
III, 15.) 



STATE FORESTRY LAWS HEW YORK. 



27 



PART III— Conliuued.] 

Approves assessments on Slate lands loitlun the forest pre- 
serve. (See III, 15.) 

Validates, by his approval, proposed town loans for bridge 
and highioay purposes in the Adirondack park, only, on: 

a. Town certificates of indebtedness. (See III. 17a 

Til, b.) 

b. Town bonds and other obligations. (See III. 17a 

P, b.) 

FORESTERS AND ASSISTANT FORESTERS. 

General Cross-References. 

Perform such duties in connection with reforestation, fire 
proteclive work, surveys, investigations, and other lines of 
forestry on State forests, as may be required. (See 1, 18.) 

DISTRICT FORE.ST K.ANGERS.i 

General Cross-Reference. 

Bave direction of the protection of State lands from fire and 
trespass. (See II, 9.) 

CHIEF LAND SLIRVEYOR. 

22. Salary. 

A chief land surveyor [is hereby authorized], who shall 
receive a salary of two thousand four hundred dollars per 
annum; and who * * * [C. L.. sec. 51, subsec. 3; 
* * * ; L. 1916. ch. 451. sec. 1,] 

23. Determines Boundaries of State Lands, under Direc- 

tion of Superintendent of Forests. 

[The chief land surveyor] shall, under the direction of 
the superintendent of forests, have charge of locating and 
determining the boundaries of state land. [C. L., sec. 51. 
subsec. 3; * * * ; L. 1916, ch. 451, sec. 1.] 
General Cross-References. 

Appointment. (See I, 9 112, 1;3.) 

Competitive civil service requirement. (See I. 14.) 

Expenses. (See I, 26.) 

May arrest violators, without warrant, and bring them before a 
nuigistrale. and exercise other necessary police powers. (See I. 
16 112.) 

Perform such other duties as the commission may require. 
(See I, 10.) 

Liability for failure to perform duties: Criminal. (See 
II, 54, 55.) Civil. (See II, 57.) 

LAND CLERK. 

24. Salary. 

A land clerk [is hereby authorized] at two thousand 
dollars per annum, who * * * [0. L.. sec. 51 . subsec. 
8; * * * ; L, 1916, ch.451. sec. 1 ] 

25. Records Titles to State Lands, and Performs Other 

Duties Assigned Him. 
[The land clerk] shall Ije employed in filing ami pre- 
paring records of state's title to lands and perform such 
other duties as may be assigned him. [0. L., sec. 51, 
subsec. 8; * * * ; L. 1916, ch. 451, sec. 1.] 



1 The provisions, in general, concerning district forest rangers are 
contained in Part II. (See p. 7.) 



Performs such other duties as the commission may require. 
(See I, 10.) 

General Cross-References. 

Appointment. (See II, 9 1[2, p.) 

Competitive civil service requirement. (See I, 14.) 

Expenses. (See I, 26.) 

Liability for failure to perform duties: Criminal. (Sec 
II, 54, 55.) Civil. (See II, 57.) 

LEGAL PROCEDURE. 

(See also Part II, p. 15.) 

26. Purposes for which Proceedings may be Instituted 

by the Commission. 

Preamble. [The commission may] Bring any action or 
proceeding for the following purposes: [0. L., sec. 50, 
subsec. 11, preamble; * * *; L. 1916, ch. 451, sec. 1.] 

HI. Enforcing rights of state in real property.- [The 
commission may bring] Any action or jirocccding, for the 
purpose of enforcing ihe state's rights or interests in 
real property, which an owner of land would be entitled 
to bring in like cases. [C. L., sec. 50, sulisec. 11 (a); 
* * *; L. 1916, ch. 451, sec. 1.] 

112. Determining questions of land titles. [The com- 
mission may Itring any action or ])roceeding] To determine 
in trespa.ss. ejectment or other suitable actions the title 
to any land claimed adversely to the state. [C. L., sec. 
50, subsec. n (c); * * *; L. 1916. ch. 451, sec. 1.) 

f3. Cancellation, or setting aside cancellations, of tax 
sales. — [The commission may] Bring proceedings before 
the comptroller or bring actions to cancel ta;c sales or to 
set aside cancellations of tax sales.' [('. L., sec. 50, 
subsec. 11 (d); * * *; L. 1916, ch. 451, sec. 1.] 

27. Settlements in Cases of Pending Actions. 

No action, suit or proceeding in which the title to lands 
of the state in forest ])reserve counties shall be involved 
shall be withdrawn or discontinued, nor shall judgment 
therein against the state be entered on consent except 
on special permission of the court and after appUcatioii 
made in open court, on which application all the terms 
and conditions of the settlement shall be fully stated 
in \vriting and the reasons therefor set forth at length. 
[C. L.. .sec. 9; * * *; L. 1915, ch. 318, sec. 7.] 

The commission is expressly inhibited from undertaking 
such settlements. (See II, 53a Kl.) 

General Cross-References. 

Special provision as to damages and penalty for ncgli- 
yintly causing forest fires on state lands. (See II, 59 pre- 
amble, a.) 

Costs of fire-fighting may he recovered, in addition to 
damage's and penalties. (See II, 02.) 

General provisions as to liability for violations of pro 
visions of Article IV<^ of C. L., or failure to perform, duties 
thereunder: Criminal. (See 11,54, 55.) Civil. (See II, 57.) 



1 See III. 



a See Table ol Acts, on p. 38. 



28 



STATE FORESTRY LAWS NEW YORK. 



PART IIl-ConlinuC(i.J 

MUNICIPAL FORESTS. 

28. Municipalities ' Authorized to Acquire Lands for 

Forestry Purposes. 

a. By purchase, gift, lease, or condemnation. (G. M. 

L.')"-The governing board of a county, town or village 
may severally acquire foi such cotinty, town or village, 
by purchase, gift, lease or condemnation, and hold as the 
property of such municipality, tracts of land having 
forests or tree growth thereon, or suitable for the growth 
of trees, [May appropriate necessary filnds therefor. — ] 
and may appropriate therefor the necessary moneys of 
the county, town or village for which the lands are ac- 
quired. (G. M. L,, sec. 72-a; L. 1912. ch. 7-4, sec. 1.] 

b. By purchase, gift, or utilizing municipally owned 
lands. (C. L.) — A county, city, town, or school dis.rict 
may acquire by purchase, or gift, or take over lands in its 
possession within the boundaries thereof and use the same 
for forestry purl)0ses.3 [C.L.. sec. 60, preamble; * * *: 
L. 1916, ch. 4.51. sec. 1.] (See also III, 326, HI.) 

29. Publication of Intention to Acquire Lands lor Forestry 

Purposes. 

a. Under the general municipal law. 

HI. The determination of any such boaid to ai(iuire 
lands under the provisions of this section shall lie by 
resolution; but the question of the final adoption of such 
resolution shall he taken up by the board only after 
public notice thereof has been puVjlished for at least, two 
weeks, as follows: [By county boards.—] If it be a r. .whi- 
tion of a board of supervisors, the publication shall be 
made in the newspapers in which the session laws and 
concurrent resolutions are required to be published;' 
[By town or village boards.—] if it lie a resolution of a 
town board or of a board of trustees of a village, the puldi- 
cation shall Vie made in a newspaper published in the 
town or village, respectively. 

112. The board shall give a hearing to all persons appear- 
ing in support of or in opposition to such proposed resolu- 
tion. [G. M. L., sec. 72-a; L. 1912, ch. 74, sec. ].] 

b. Under the conservation law. 

Such boards may undertake such work at regular or 
special meetings by majority vote of such board after two 
weeks public notice setting forth the fact that such plan 
is contemplated and that moneys are to be appropriated 
for such ptuposes. [C. L., sec. 60, subsec. i; * * *; 
L. 1916, ch. 451, sec. 1.] 



1 The term "Municipalities" omliraccs counties, to-rnis, and villages, 
as applied under tlie general municipal law, and counties, cities, towns, 
and school districts, under the conservation law. 

2 The aljhreviation, " O. M. L. ." as used in this compilation, indicates 
the general municipal law (ch. 29. L. 1909, and its equivalent, ch. 24 of 
the eonsoUdated laws, both as amended through 1917). 

3 See also HI, 2 preamble, and footnote 3 thereto. 

* See county law (L. 1909, ch. 16). sec. 20; legislative law ( 1,. 1909, ch. 
37), sec. 48, as amended by I<. 1911. ch. 97. 



30. Funds for Purchase of Lands Provided. 

a. Through taxation, or bond issue. (G. M. L.") 

If it be determined to purchase such lands the moneys 
necessary therefor may be provided as follows: [By coun- 
ties. — ] If the acquisition be by a county, the board ni 
supei-visors may cause such moneys to be raised by tax- 
ation and levied and collected as other county taxes, or 
may boiTow money therefor on the credit of the county 
by the issuance and sale of county bonds in the manner 
provided for by law ' for the issuance and sale of oth«r 
county obligations; [By towns, — ] if the acquisition be by 
a town, the moneys necessary therefor shall constitute a 
town charge and be raised by taxation as other town 
charges, or the town board may in its discretion cause 
town bonds to be issued and sold in the manner provided 
by law for the issuance and sale of town bonds, under the 
town law,^ to pay judgments; [By villages. — ] if the ac- 
quisition be by a village, the moneys therefor may lie 
raised by taxation, as other village taxes, or by the issu- 
ance and sale of village bonds in the manner providefl 
by the laws' governing such village relating to village 
cil)ligations, after the adoption of a resolution therefor 
by the board of trustees, without other authorization. 
!<;. M. 1,.. sec. 72 a; h. 1912. ch. 74. .sec. l.| 

b. Through appropriation, or bond issue. i^C. L.) 
The governing board of a county, city, town, or school 

district may appropriate money or issue bonds either 
lor piircliase of la:ids for the purposes herein provided, 
■ * * [C. L., rec. 60, subsec. 1; * * *; L. 1916. 
ch. 4.il. sec. ].] 

(See also 111, 326 "1) 

31. Funds for Management of Lands Provided. 

a. Through appropriation of moneys raised by taxa- 
tion. (G. M. L.) 

Moneys may be appropriated for the care and mainte- 
nance of such lands and the develojiment and use of I'or- 
esUi thereon annually, by the county, town, or village, 
respectively, and the amount thereof raised by taxation 
in the same manner that other expenditures of such 
county _, town, or village are provided for by law. |G. U. 
L., sec." 72-a; L. 1912. ch. 74, sec. 1.] 

b. Through appropriation of moneys, or bond issue. 
(C. L.) 

[The governing board of a county, <ity. town, or school 
district may appropriate money or issue bonds] to establish 
forest plantations or for the care and managements'' of forests. 
[C. L.,. sec. 60, subsec. 1; * * *; L. 1916. ch. 4,51, sec. I.] 

(See also III, 326111.) 

32. Management and Use of Lands Are Under Control 

of the Governing Boards. 
a. Under the general municipal law. 
Hi. Such lands shall be under the nianageiiient and 
control of such board [county, town, or village, as the 



1 See general municipal law (L. 1909, ch. 29), art. 2; county law, sec. 
235, as added by L. 1909, ch. 466, and amended by L. 1910, ch. S. 

2 L. 1909, ch. 63, sec. 139. 

3 See village law (L. 1909, ch. 64), sees. 129, 130. 
' So in the original. 



STATE FORESTRY LAWS NEW YORK. 



29 



PART in— Continued. 1 

case may be] and shall be developed and used for the 
planting and rearing of trees thereon and for the culti- 
vation thereof according to the principles of scientific 
forestry-, for the benefit and advantage of the county, 
town, i>r village. * * * 1[2. Lands are subject to rules 
and regulations prescribed by such boards. Such forest 
liuuls shall be siiliject to such rules and regulations as such 
giiverning l)oar(l nf the municipality shall prescribe; 
[Principal objects of management. — ] but the principal 
object t,o be conserved in the maintenance of such lauds 
shall be the sale of forest products in aid of the public 
icvcnucs and the protection of the water supply of the 
niunii'iitality. (Ci. M. L.,sec.72-a; L. 191'.'. ch. T-i. .sec. I.| 

I). Under the conservation law. 

'fl. Such governing board [county, city, town, or sdiool 
district, as the case may be] shall have full power and 
authority to acquire, maintain, manage and operate such 
forests for the benefit of the inhabitants of its district'. 
H'. L.,sec. 60,subsec. 3: * **: T,. 1910. ch. 451. sec. 1.] 

•■_'. Assistance in reforestation work may be secured 
from the conservation commission, and also trees with- 
out cost. — The conservation commission may assist and 
advise such boards in its [their] reforesting work, and the 
commission may furnish trees for reforesting such pub- 
licly owned lands without charge provided they are 
planted in accordance with the instructions of the com- 
mission. [0. I,., sec. fiO, subsec. 2; * * *; I.. 1916, 
eh. 4.51. sec. I.j 

33. Proceeds From Lands Turned Into the Several Munic- 

ipal Treasuries. 

a Under the general municipal law. 

For general purposes and reduction of taxes. — All 
revenues and emoluments from lands so acciuired shall 
l)elong to the municipality and be paid to its chief fiscal 
officer for the purposes of such municipality and in reduc- 
tion of taxation therein. [G. M. I.., sec. 72-a; I.. 1912, 
eh. 74, sec. 1.] 

1). Under the conservation law. 

To be used only upon order of their several governing 
boards. — The net income from such lands shall be paid 
into the general fund of such municipal division' and 
shall be used only upon orderof itsgoverning board. [C. L., 
sec. 60, subsec. 4; * * *; L. 1916, ch. 451, sec. 1.] 

34. Sale or Lease of Lands. 

a. Under the general municipal law. 

May be effected upon a two-thirds vote of the members 
of their several governing boards. — Such lands or portions 
thereof may be sold and conveyed, or leased, if a resolution 



' The term "such municipal division" as used in this section, has 
reference to a county, city, town, or school district, as shown in the pre- 
ceding provisions in sec. 60 of the conservation law. (See Table of 
.\cts, on p. 38.) 



therefor be adopted by the atlirmative \-ote of two-thirds 
of all the members of such governing board; [Public hear- 
ing, after due published notice, required in case of abso- 
lute conveyance. — ]hul no such resolution directing an 
ab.soluio conveyance shall lie effectual unless adopted 
after a pulilic hearing, held upon notice given in the man- 
ner required in ths case of a r(;.S(ilutii)n to acquire such lands. 
[Officers by whom deeds of conveyance or leases may be 
executed. — ]A deed of conveyance or lease of such lands, 
when authorized as aforesaid, sjiall lie executed by the 
county treasurer of the county, supervisor of the town or 
president of the village by which the conveyance or lease 
is made. [G. M. L., sec. 72-a; L. 1912, ch. 74. sec. 1.] 

/). No proviilon u made in the connervation lair Jhr nale or 
lease of mvniripal forest ln7ids. 

Powers and Duties of Municipal Boards. 

Authorized to acquire lands, for forestry purposes, by: 
Purchase, gift, lease, or condemnation (G. M. L.). (See 

III, 28a.) 
Purchase, gift, or utilizing municipally owned lands 
(C. L.). (See III, 286.) 
Publish notice of intention to so acquire hmds (G. M. L. 
andC.L.). (See III, 29.) 

Provide funds for purchase of lands through: 

Taxation or bond issue {G . M. L.). (See III, 30a.) 
Appropriation or bondiss^ie (C. L.). (See III, 306.) 
Provide funds for managennent of lands through: 

Appropriation of moneys raised by taxation {G. M. L.). 

(See III, 31a.) 
Appropriation of moneys, or bond Issue iC L.). (See 
111,316.) 
Control the management and use of lands i G. .\t. L. and 
C. L.) (See 111,32.) 

Obtain assistance in reforestation work, and also trees, from 
conservation commission. (See III, 32b ^2.) 

Control, by special authority, use offumls derived from pro- 
recdsfrom the lands (C. L.). (See III, 336.) 

Sell and convey, or lease the lands, or portions thereof {G. 
M. L.). (See III, 34a.) 

General Cross References. 

The conservation commission cooperates with the governing 
board in reforestation work. (See III, 326 1(2.) 

Special provision as to damages for causing fires either 
negligently or willfully on lands belonging to a municipality. 
(See II, 59 preamble, 6, c, (il.) 

Costs of fire-fighting may be recovered, in addition to dam- 
ages and penalties. (See II, 02.) 

General provisions as to liability for violations of pro- 
vifions of Art. /F" of C. L.: Criminal. (See II, 54, 55.) 
Civil. (See II, 57.) 



> See Table of Arts, on p. 38. 



30 



STATE FORESTRY LAWS^NEW YORK. 



PART IV.— TAXATION.' 

(This part comprises the provisions u[ law, if any, covering the classification and taxation of forested lands and lands to be forested, the purpose 
of which is to encourage the practice of forestry hy private owners; also such bounty and exemption laws as have a like purpose. For similar 
taxation provisions, if any, concerning slate or municipal forests, or other state lands, see Part III.) 

five years next preceding the date of such application at 
an average valuation of more than five dollars per acre, 
or that similar lands in said vicinity have not been as- 
sessed for more than five dollars per acre, * * * [C. L., 
sec. 57; * * * ; L. 1916, ch. 451, seel.] 

b. Woodlot lands: 

Acreage, character and location of land. — [Classifica- 
tion may be secured for any tract of land,] not exceeding 
fifty acres, which is occupied by a natural or planted 
growth of trees, or by both, which shall not be situated 
within twenty miles of the corporate limits of a city of 
the first class, nor within ten miles of the corporate limits 
of a city of the second class, nor within five miles of the 
corporate limits of a city of the third class, nor within 
one mile of the corporate limits of an incorporated village, 
* * * [Tax L., sec. 17; L. 1912, ch. 363, sec. 1.] 

Valuation of such lands shall be the same as other similar 
adjacent lands which contain no forest or tree growth, and 
shall not exceed ^10 an acre. (See IV, 86.) 

Lands must be maintained as a production woodlot, in 
compliance with the provisions of the act and the instruc- 
tions of the commission. (See IV, 86.) 
3. Application for Classification. 

a. ^1. Planted and underplanted lands. — [the owner of 
lands fulfilling certain conditions,'] may apply to the 
conservation commission, in manner and form to be 
prescribed by it, to have such lands separately classified 
as lands suitable for reforestation or underplanting within 
the purposes and provisions of this section. Description 
and other data. — Each application for such classification 
shall be accompanied by a plot and description of the 
land, and shall state the area, character and location 
thereof, and such other information in reference thereto 
as the commission may require; [Valuation certificate of 
assessors, or sworn statement. — ] such application shall be 
accompanied by a certificate of the assessors of the tax 
district or districts in which said lands are located, which 
shall set forth the assessed valuation of said lands for the 
last five years preceding the date of such application; or 
if said lands have not been separately assessed during 
any part of said period, or the timber has been removed 
therefrom at any time dm-ing said period of five years, by 
a sworn statement of the assessors of the value of said 
lands, which * * * ; 112. [Must contain declaration of 
intention by owner. — ] such application shall also contain 
a declaration that the owner intends to reforest or uuder- 
plant the lands described in such application with such 
number and kind of trees per acre and in such manner as the 
commission shall specify, and to comply with all reason- 
able rules and regulations of the commission in reference 
to future care and management of said lands and trees. 
[C. L., sec. 57; * * * ; L. 1916, ch. 451, sec. 1.] 



PURPOSE OF FORESTRY TAXATION PROVISIONS. 

1. Defined. 

a. Planted and underplanted lands. — In consideration 
of the public benefit to be derived from the planting and 
growing of forest trees, and to the end that the growth of 
forest trees may be encouraged and the water supply of the 
state protected and conserved, and that floods may be pre- 
vented, [the owner of lands fulfilling certain conditions^ 
may ha^'e his lands subjected (o a special form of taxation.] 
[d. L.,sec. 57; * * *; L. 191G, ch. 451, sec. 1 .| 

6. Woodlot lands. — In order to encourage the main- 
tenance of wood lots by private owners and the practice 
of forestry in the management thereof, the owner of any 
tract of land in the state, [fulfilling certain conditions,3 
may have his land subjected to a special form of taxation.] 
[Tax L.,'' sec. 17; L. 1912, ch. 363, sec. 1.] 

CLASSFICATION OF FOREST LANDS. 

Land Classes Recognized. 
((. Planted and underplanted. — (See IV, 2a.) 

b. Woodlot. -(See IV, 26.) 

2. Basis of Classification. 
a. Planted and underplanted lands ; 
111. Character of land. — [Classification may be secured 

by] the owner of any waste, denuded or wild forest lands, 
of the area of five acres or upwards, within the state, 
which are unsuitable for agricultural purposes, [Forest 
growth established and maintained.^ who shall agree 
with the commission to set apart for reforestation or for 
forest tree culture, the whole, or any specific portion of 
such waste, denuded or wild forest lands, of the area of 
five acres or upwards, * * * 

1J2. Valuation of the land. — [Such] lands shall be valued 
at the same rate as other waste, denuded or wild forest 
lands in said tax district, similarly situated; * * * 
113. Proviso 1. — [Such] valuation shall not in any event be 
greater than the average valuation at which the same 
lands were assessed for the last five years preceding the 
date of said application, or the value of such lands as 
appears by the aforesaid sworn statements of the assessors 
of such tax district, * * * 114. [Proviso 2. — ] * * * 
and [such lands may be classified only if it can be shown 
that they] have not been assessed during the period of 

1 J*art IV comprises an analysis of the forest taxation provisions con- 
tained in the "wood-lot act" (ch. 363, L. 1912), and in sec. 57 of the con- 
servationiaw. A third act (ch. 249, L. 1912) is placed in the Appendix 
(see p. 35). This additional act is omitted from the above analysis for 
the reason that it overlaps to a large extent the other two acts and its 
inclusion would obscure their well-balanced scope. 

2 See IV, 2a. 
" See IV, 26. 
* "Tax L.," as used in this compilation of the forestry laws of New 

York, indicates the tax law (ch. 62, Laws 1909, and its equivalent, oh. 60, 
of the consolidated laws, both as amended through 1917). 



1 See rv, 2(1. 



STATE FORESTRY LAWS KF'.V YORK. 



31 



PAUT I\'— Continued.] 

b. Woodlot lands. — [The owner of any tract of land in 
the state fulfilling certain conditions'] may apply to the 
conservation commission in manner and form to be pro- 
scribed by it, to have such land separately classified for 
taxation. Form of application. — Application for such 
classification shall be made in duplicate and accompanied 
by a plot and description of the land, and such other 
information as the commission may require. [Tax L., 
sec. 17; L. 1912, ch. 363, sec. 1.] 

4. Suitability of Lands Investigated by Commission. 

(I. Planted and underplanted lands. — ^1. Tf it appears 
froiu said aiiplication and certificate or sworn statement- 
that said lands are suitable for reforestation or under- 
planting purposes * * * [^2.] the said commission 
shall, as soon as practicable after the receipt of such appli- 
cation, cause an examination to be made of the lands for 
the purpose of determining whether or not it is of a char- 
acter suitable to be reforested or underplanted and to be 
classified as such. [C. L., sec. 57; * * * ; L. 1916, 
ch. 151, sec. 1.] 

b. Woodlot lands. — Upon the filing of such appli- 
cation'' it shall be the duty of the commission to cause an 
inspection of such land to be made by a competent forester 
for the purpose of determining whether or not it is of a 
suitable character to be so classified. [Tax L., sec. 17; 
L. 1912, ch. 363, sec. 1.] 

5. Completion of Classification. 

n. Planted and underplanted lands : 

^1. Commission enters into cooperative agreement with 
owner for foresting the lands. — After such examination ^ 
if the commission shall determine that such lands are 
sidtable for reforestation or underplanting, it is hereby 
empowered to enter into a written agreement ^vith the 
owner, which agreement shall be to the effect that the com- 
mission will furnish said owner, at a price not to exceed cost 
of production, trees to be set out upon said lands, the kind 
aud number to be prescribed by the commission, and to be 
set forth in said agreement; that the owner will set out 
upon said land the number and kind of trees per acre des- 
ignated by the commission; and that said land will not be 
used for any purpose other than forestry purposes, during 
the period of exemption, without the consent of the com- 
mission; and that said lands and the trees thereon will be 
managed and protected at all times during the period of 
said exemption in accordance with the directions and 
instructions of the commission. Said agreement shall be 
recorded in the ofHce of the county clerk of the county 
ivhere the lands are situated, and the provisions thereof 
shall be deemed to be and be covenants running with the 
land. Limitation of time for compliance with planting 
requirements — Proof. — Within one year after the making 
of such agreement, said lands shall be planted by the 
owner with the number and kind of trees specified therein; 
and the owner shall file with the commission an affidavit 
making due proof of such planting, which afBda\-it shall 



' Sea IV, 2b. 

s See IV, 30 HI. 



> See IV, 3 b. 
<SeeIV,4a1I2. 



remain on file in the office of said commission * * * 
1i2. Compliance Constitutes acceptance. — The planting or 
underplanting of a tract in forest trees in compliance with 
the agreement as provided in this section shall be taken 
and deemed to be an acceptance by the owner of the 
exemption pri\'ileges herein granted and of the conditions 
herein imposed; * * * 113. Inspection by comjnis- 
sion. — Upon the filing of such affidavit ' the commission 
shall cause an inspection of such lands to be made by a 
competent forester who shall make and file with said com- 
mission a written report of such inspection. 

"4. Certificate of classification issued and recorded in 
office of county treasurer. — If the commission is satisfied 
from said aindavit' and report that the lands have been 
forested in good faith as pro^^ded in said agreement, it shall 
make and execute a certificate imder its seal, and file the 
same with the county treasurer of the county in which the 
lands or any part thereof so forested are located,which certifi- 
cate shall set forth a description of said lands, the area and 
the owner thereof, the town in which the same are situated, 
a statement that the land has been separately classified 
for taxation in accordance with the provisions of this sec- 
tion [Must show maximum valuation for the 35-year pe- 
riod. — ] and a valuation, in excess of which, said lands 
shall not be assessed for the period of thirty-five years, 
which * * * 1|5. [Also exemption provision. — ] and 
a statement that the trees and timber thereon shall be 
exempt from taxation during said period. [C. L., .sec. 57; 
* * * ; L. 1916. ch. 451, sec. 1.] 

Assessors are notified of filing of certificate. (See IV, 8a.) 

b. Woodlot lands: 

■"1. Commission furnishes working plan to owner. — 

If the commission shall determine that such land - is suita- 
ble to be so classified, it shall submit- to the owner a plan 
for the further management of said land and trees [Certifi- 
cate of classification recorded in county treasurer 's office. — ] 
and shall make and execute a certificate under the seal 
of the commission and file the same with the county treas- 
urer of the county in which the land is located, which 
certificate shall set forth a description and plot of the land 
so classified, the area and owner thereof, the town or towns 
in which the same is situated, and that the land has been 
separately classified for taxation in accordance with the 
provisions of this section. Assessors notified. — Upon the 
filing of such certificate it shall be the duty of the county 
treasurer to file with the assessors of the tax district in 
which the land described therein is located, within ten 
days after receipt thereof, a certified copy of such certifi- 
cate. * * * U2. Lands assessed accordingly. — The 
assessors of each tax district where said land so classified 
is located shall insert upon the margin of said assessment 
and opposite the description of such land a statement that 
said land is assessed in accordance with the provisions of 
this section. [Tax L., sec. 17; L. 1912, ch. 363, sec. 1.] 



1 MaHng proof of compliance with planting requirements. (See H 1 
of this subsection.) 

2 See IV, 46. 



32 



STATE FORESTRY LAWS NEW YORK. 



PART IV— Continued.] 

6. Period of Classification. 

a. Planted and underplanted lands : 

T[l. ITntil end of the 35-year exemption period. — Such 
lands ' shall be assessed, and continued to be assessed, 
and carried in such manner, upon the assessment-rolls, of 
such towns until the end of the exemption period. 1^2. 
* • * and in consideration of the public benefit to be 
derived from the planting, underplanting, cultivation 
and growth of such trees '^ the exemption of such trees 
from taxation and the taxation of the land upon which 
such trees are grown as herein provided, shall be con- 
tinued and is hereby assured; and the right to such ex- 
emption and taxation shall be inviolable and irrevocable 
as a contract obligation of the state, so long as the owner 
of the land so planted shall fully comply with and per- 
form the conditions of such contract not exceeding said 
period of thirty-five years. [G. L., sec. 57; * * * ; L. 
1916, ch. 451, sec. 1.] 

6. Woodlot lands : 

For an indefinite time. — 

Assessment continues so long as the oivner complies mith 
requirements. (See IV, Sh.) 

7. Cancellation of Classification. 

a. Planted and underplanted lands. — In the event 
that lands so classified ' shall, in the judgment of the com- 
mission, cease to be used exclusively for forestry pur- 
poses to the extent provided in the agreement between 
the conservation commission and the owner, or that said 
owner has violated its terms, or any reasonable rules and 
regulations of the commission in respect to the use of or 
the cutting of timber on said lands, the exemption from 
taxation provided in this section shall no longer apply; 
[Injunction to restrain use of lands and timber. — ] or at 
the election of the commission such owner may be also 
restrained from said acts by injunction; [Land^ there- 
after, assessed under General Property Tax Law.—] and 
the assessors having jurisdiction shall, upon the direc- 
tion of the commission, assess said lands against the owner 
at the value, and in the manner provided by the tax 
law for general assessment of land. [C. L., sec. 57; * * *; 
L. 1916, ch. 451, sec. 1.] 

6. Woodlot lands. -In the event that land so classi- 
fied ^ as above prescribed shall at any time by act of the 
owner or otherwise cease, in the judgment of the com- 
mission, to be used exclusively as a wood lot to the ex- 
tent provided by this section to entitle the owner of such 
land to the privileges of this section, the exemption and 
valuation in taxation provided for in this section shall 
no longer apply [Land, thereafter, assessed under Gen- 
eral Property Tax Law.—] and the assessors having juris- 
diction shall, upon the direction of the co mm ission assess 
the said land at the value and in the manner provided 
by the tax law for the general assessment of land. [Tax 
L., sec. 17; L. 1912, ch. 363, sec. 1.] 



ANNUAL, OR GENERAL PROPERTY, TAX. 

8. Assessment. 

n. Planted and underplanted lands; 

Lands are assessed at a fixed valuation, based on 
a fair cash value, exclusive of value of tree growth. — 
Upon the filing of such certificate ' it shall be the duty 
of the county treasiu-er to file with the assessors of each 
tax district in which the lands described are located, a 
certified copy thereof, and the assessors of such tax dis- 
trict shall place the lands according to the description 
contained in said certificate upon the next assessment- 
roll, prepared for the assessment of lands within such 
tax district, at a valuation not to exceed the amount 
stated in said certificate, and not to exceed the assessed 
valuation of similar lands in said tax district; and said 
assessors shall insert upon the margin of said assessment- 
roll opposite the description of said lands, a statement 
that said lands shall not be assessed during the period 
of thirty-five years at a value in excess of said amount, 
and that the trees and timber growing upon said land 
shall be wholly exempted from taxation during said 
period ; and said assessors shall also insert upon the mar- 
gin of said assessment-roll the date of expiration of said 
exemption. [C. L., sec. 57; * * *; L. 1916, ch. 451, 
sec. 1.] 

h. Woodlot lands; 

Lands are assessed at a maximum valuation of 
$10.00 per acre, exclusive of value of tree growth. — So 
long as the land so classified - is maintained as a wood 
lot, and the owner thereof faithfully complies with all 
the provisions of this section " and the iristructions of the 
commission, it shall be assessed at not to exceed ten 
dollars per acre and taxed annually on that basis. In 
fixing the value of said lands for assessment, the assessors 
shall in no case take into account the value of the trees 
growing thereon, and said land shall not be assessed at 
a value greater than other similar lands within the same 
tax district, which contain no forest or tree growth, are 
assessed. [Tax L., sec. 17; L. 1912, ch. 363, sec. 1.] 

Exemption From the Tax. 

a. Timber on planted and underplanted lands: 

Throughout SS-year classification period. (See IV, Ha.) 

b. Trees on woodlot lands: 

Throughout an indefinite classification period. (See 
IV, 8ft.) 

YIELD TAX.3 

9. Preliminary Measures. 

Advance notice required of intention to cut. — When- 
ever the owner shall propose to cut any live trees from 



1 See IV, 5a 114. 



! See IV, 5a t2- 



i IV, 56 111. 



a See Table of Acts, on p. 38. 

1 See IV, 5a, 1|4. 

!Sec. IV, 56, 11. 

3 The yield tax applies only to lands classified under the woodlot 
act. Lands classified as "planted and underplanted" imder the con- 
servation law become subject to taxation under the general property 
tax law at the end of the prescribed 35-yeai- exemption period, unless re- 
classified under the woodlot act. 



STATE KUKESTRV LAWS NKW YORK. 



3;^ 



PART IV— Continued.] 

said land,' [Exception. — ] except for firewood or building 
material for the domestic use of said owner or his ten- 
ant, he shall give the commission at least tliirty days 
notice prior to the time he desires to begin cutting, [Cut- 
ting and removal subject to direction of commission. — ] 
who shall designate for the owner the kind and number of 
trees, if any, most suitable to be cut for the purpose for 
which they are desired, and the cutting and removal of 
the trees so designated shall be in accordance with the 
instructions of said commission. [Tax I,., sec. 17; L. 
1912, ch. 363, sec. 1.] 
Penalty fur failure to give advance notice. (See IV, 11.) 

10. Tax Levied After Cutting and Before Using. 
Owner files with assessors returns as to measurement, 

or count, of trees cut, and kind and value thereof. — After 
such trees- are cut and before their removal from the land, 
the owner shall make an accurate measm-ement or count 
of all of the trees cut and file with the assessors of the tax 
district a verified, true and accurate return of such meas- 
urement or count and of the variety and value nf the trees 
so cut. Pays, before removal, five per cent of stumpage 
value. — The assessors shall forthwith assess the stumpage 
value of the timber so cut, and such owner shall pay to 
the tax collector of the town in which such land is sit- 
uated, before the removal of any such timber, live per 
centtmi of. such valuation. [Tax L., sec. 17; L. 1912, 
ch. 363, sec. 1.] • 

Penalty for failure to paij ta.r. (See IV, 11. 1 

11. Penalty for Failure to Give Notice in Advance of 

Cutting, or to Pay the Tax. 

If such owner shall fail to give such notices and pay 

such taxes ^ he shall be liable to a penalty of three times 

the amount of such tax. and the supervisor of the town 

may bring an action to recover the same for the benefit 



of the town in any court of competent jurisdiciion. (Tax 
L., sec. 17; L. 1912, ch. :563, .sec. 1.] 
Exemption from the Tax. 

Trees cut for firewood or hnildinij material for doiiirstir 
use. (See IV, 9.) 

DUTIES OF FORESTRY OFFICIALS.' 

Concerning Planted and TTnderplanted Lands. 

Prescribe form of a/iplication for classification, and rules 
and regulations coneeming the care and management of 
lands and trees. (See IV, 3a.) 

Investigate sidtability of lands described in application 
for classification. (See IV, 4o 112.) 

Enter into cooperative agreement with owner for foresting 
the lands. (See IV, 5a 1[1.) 

Cause inspection and report to be made upon planting 
work. (See IV, 5a 113.) 

Issue certificate of classification, and record sanw in 
office of county treasurer. (See IV, ba 1)4.) 

Determine whether j:lassification of lands shall be canceled; 
and, in event of cancellation, direct their reasses.mienl under 
the general property tax law. (See IV, 7a.) 

fienire, when necessary, injunction to restrain unlawful 
use of lands and tiuibcr. (See IV, 7a.) 
Concerning Woodlot Lands. 

Prescribed form of application for classification. (See 
l\,U.i 

Investigate suitabililii of hinds described in application. 
(See IV, 46.) 

Furnish working plan to the owner. (See IV, 5b Ijl.) 

Is-nte certificate of classification, and record same in office 
of county treasurer. (See IV, 56 1)1.) 

Direct cutting and removal of timber. (See IV, 9.) 

Determine whether lands cease, at any time, to be rightly 
used as a woodlot; and, in such event, direct their reassessment 
under the (jeneral property lax law. (See IV, 76.; 



DEFINITIONS OF THE TERMS 



PART A APPENDIX. 

'PERSON," "FOREST LAND," "FOREST FIRE,' 
OTHER TERMS. 



'FIRE TOWNS," AND 



§ 62. Definitions. — The following words and phra.ses 
used in this article are defined as follows:'' 
I * * * 5 

2. Adirondack park. ~ * * * [The following is a 
description of the boundaries of lands constituting the 
Adirondack park:] Beginning at the southeast corner of 
the town of Hope in the county of Hamilton, and running 
ihence westerly along the southerly lines of Hamilton 
county, and continuing and following the southerly line 

1 SeelV.s&ll. 
= See IV, 9. 
' See IV, ij. 1(1. 

< For sec. 02, in full, conlaiiiin^ all of tht 
see Tatile o( Acts, on p. ;1S. 
» See III, 3a. 

51748—18 3 



rds and plinisfs 



.-utinn Law.) 

of the town of Wilmurl. in Herkimer county lo the jioint 
of intersection with the westerly line of Herkimer county, 
and thence northerly along the westerly lines of Herkimer 
county to its junction with the southwesterly line of 
Saint Lawrence county; thence westerly along said 
southwesterly line of Saint Lawrence <;ounty to the most 
westerly corner of township fourteen, great tract three, 
Macomb's purchase; thence easterly along the northerly 
line of said township fourteen to the northeast corner 

1 The several administrative officers who are concerned in these duties 
lire the cammissioner, deputy corami.ssioner {see 1, 3, 9), superintendent 
of forests (see I, l(j), assistant superintendent of forests (sec I, 17), and, 
when spccifK'ully provided, such other officers as may l>e designated. 
For additional duties of these olTicers concerning forestry taxation 
under iwt 24(i. I.. \Wi, see that act in the Appendix, p. io. 



34 



STATE FORESTRY LAWS NEW YORK. 



PART A— Continued.) 

tliereof ; thence northerly along the west line of township 
thirteen, great tract three, Macomli's purchase, to the 
northwest corner of said township thirteen; thence east 
along the noith line of said township thirteen and the 
south line of township ten, tract and purchase aforesaid, 
to the southwest corner of the southeast quarter of said 
township ten; thence north along the west line of the 
said southeast quarter of the aforesaid township ten and 
the west line of the northeast quarter thereof to the north 
line of said township; thence east along said north line 
to the west line of township seven, gi-eat tract two, 
Macomlj's purchase; thence northerly along the west 
line of township seven aforesaid to the northwest corner 
of the township; thence easterly along the northerly lines 
of townships seven and eight, great tract two, Macomli's 
purchase, to the southwest corner of township twelve of 
said great tract two; thence northerly along the west line 
of township twelve to the northwest corner of lot one in 
the south half of said township; thence easterly along the 
north line of said south half of said township twelve to 
the west line of the county of Franklin; thence north 
along the west line of the county of Franklin to the 
northwest corner of the south half of township thirteen 
of great tract one, Macomb's purchase; thence easterly 
along the northerly line of the south half of townships 
thirteen, fourteen and fifteen of said great tract one, 
Macomb's ])urchase, to the west line of the old military 
tract; thence south along said west line to the northwest 
corner of township ten of said old military tract; thence 
easterly along the north line of said township ten to the 
west line of Clinton count}'-; thence southerly along the 
west line of Clinton county to the north line of Essex 
county; thence easterly along the north line of Essex 
county to the northeast corner of the town of Wilmington; 
thence along the east and easterly line of the town of 
Wilmington to the intersection with the north line of the 
town of Keene; thence east to the northeast corner of 
said town of Keene; thence southerly along the easterly 
line of the town of Keene to the southeast corner thereof; 
thence easterly along the northerly Une of the town of 
North Hudson to the most northeasterly corner of the 
said town; thence southerly along the easterly lines of 
the towns of North Hudson and Schroon to the southeast 
corner of the said town of Schroon; thence westerly along 
the southerly line of the towns of Schroon and Minerva 
to the northeasterly corner of Leggett's survey of the 
southwest quarter of township fourteen of Totten and 
t^rossfield's purchase; thence southeasterly along thi line 
of Leggett's survey to the southerly line of said township 
foiu'teen; thence southwesterly along the line of Leggett's 
survey, lieing the southerly line of said township fourteen, 
to the most southerly corner of said township; thence 
southeasterly along the easterly line of township thirteen 
and the westerly line of to^vxiship twelve, to the south- 
easterly corner of lot twenty-five of township eleven of 
said Tott en and Orossfield ' s purchase ; thence southwesterly 
along the southerly line of lots twenty-five, twenty-six, 



twenty-seven and twenty-eight to the southwesterly 
corner of said lot twenty-eight; thence southeasterly along 
the easterly lines of lots fo ty-four, fifty-three, sixty-eight, 
seventy-seven and five of said township eleven, and of 
lots nine, twenty-one, thirty, thirty-seven and forty of 
the gore between township eleven of Totten and Cross- 
field's purchase and the Dartmouth patent and of lot 
five of ranges six, seven, eight, nine and ten of the 
Dartmouth patent, great tract, to the southeasterly 
corner of lot five of said range six of said patent in Warren 
county; thence westerly along the southerly line of said 
range six of said Dartmouth patent to the northeasterly 
line of Palmer's purchase; thence southeasterly along the 
easterly line of said Palmer's purchase to the most easterly 
corner of the middle division of said purchase; thence 
southwesterly along the southerly line of the said middle 
division of Palmer's purchase through Saratoga county 
to the easterly boundary of the town of Hope in Hamil- 
ton county; thence southerly along the east line of the 
town of Hope to the place of beginning. * * *. 

3. Catskill park.—* * * [The following is a de- 
scription of the boundaries of lands constituting the 
Catskill park. — ]Beginning in Ulster county at the south- 
easterly corner of great lot five of the Hardenburgh patent; 
thence running northwesterly along the southerly 
boundary of said great lot five through Sullivan county 
to the east branch of the Delaware river in Delaware 
county; thence along the southerly bank of said east 
branch of the Delaware river to the Ulster and Delaware 
railroad at the village of Arkville; thence along the said 
Ulster and Delaware railroad easterly to the line between 
the counties of Delaware and Ulster; thence northeasterly 
along that line to the southerly line of Greene county; 
thence northwesterly along the southerly line of Greene 
County to the line between the towns of Halcott and 
Lexington; thence northerly along the easterly line of 
the town of Halcott to the line between great lots twenty 
and twenty -one of the Hardenburgh patent; thence 
northerly along said line to the south bank of the Batavia- 
kill; thence along the southerly bank of the Bataviakill 
easterly, to the west line of the state land tract; thence 
northerly, easterly and southerly along the line of the 
said state land tract to the line between the towns of 
Cairo and Catskill; thence southwesterly along said town 
line to the easterly line of the town of Hunter; thence 
southerly along the said easterly line of the town of Hunter 
to the line of the Hardenburgh patent; thence easterly, 
southerly and westerly along the general easterly line of 
the Hardenburgh patent to the line between the towns 
of Olive 3,nd Rochester of Ulster county; thence easterly 
on said line to the point where the Mettacahonts creek 
crosses the same flowing easterly: thence southwesterly 
parallel with the nortliwesterly line of the town of Roch- 
ester to the line between the towns of Rochester and 
Wawarsing; thence westerly and southerly along the line of 
the Hardenburgh patent to the place of beginning, * * * 

4. Saint Lawrence reservation. — All that part of the 
river Saint Lawrence lying and being within the state, 



STATE FORKSTRY LAWS NEW YORK. 



35 



PART A— Continued.] 

w-ith the islands therein, and all that'portiou of Lake Onta- 
rio adjacent to Jefferson county, including Chaumont 
l)ay, Guflins bay, Black river bay and Henderson bay, 
with the islands therein, and such lands along the shore 
thereof as are now owned by, or shall hereafter be acquired 
by the state, is continued as an international park wliich 
shall be known as the "Saint Lawrence reservation." 

5. John Brown farm. — All that certain tract of land 
in the Adirondack park, known as the "John Brown 
farm," in the town of North Elba, in the county of Essex 
and state of New York, being the greater part of lot number 
iiiiiety-five. Thorn's sun-ey, of township number twelve. 
Old Military Tract, now owned by the state pursuant to a 
deed of gift made and executed the twenty-ninth day of 
March, eighteen hundred and ninety-five, by Henry 
Clews and Lucy Madison Clews, his wife, t<3 the people 
of the state of New York, shall be and continue to bo 
dedicated and used for the purposes of a public park or 
reservation forever. 

6. Cuba reservation ' shall include all the lands owned 
by the state surrounding Cuba lake in the comities of 
Allegany and Cattaraugus. 

7. Person. — Person includes a copartner.sliip, joint- 
stock company or a corporation. 

8. Forest land. — Forest land includes not only lands 
which may be covered with tree growth but also lands 
which are best adapted to forests. 

9. Forest fire. — Forest fire is a fire which is not only 
burning forest or woodlands, but which if permitted to 
extend, would burn forest or upon forest lands. 

10. Fire towns. — Fire towns are as follows: All towns in 
Hamilton county; the towns of Altona, Ausable, Black 
Brook, Dannemora, Ellenburg and Saranac, Clinton 
county; the towns of Andes, Colchester, Hancock and 
Middletown, Delaware county; the towns of Chesterfield, 
Elizabeth town. Jay, Keene, Lewis, Minerva, Moriah, 
Newcomb, North Elba, North Hudson, Saint Armand, 
Schroon and Wilmington, Essex county; the towns of 
Altamont, Belmont, Brighton, Duane, Franklin, Har- 
riettstown, Santa Clara and Waverly, Franklin county: 
the towns of Bleecker, Caroga, Mayfield and Stratford, 
Fulton county; the towns of Hunter, Jewett, Lexington 
and Windham, Greene county; the towns of Ohio, Russia., 
Salisbury, Webb and Wilmurt, Herkimer county; the 
towns of Croghan, Diana, Greig, Lyonsdale and Watson, 
Lewis county; the towns of Forestport and Remsen, 
Oneida county; the towns of Corinth, Day, Edinburg and 
Hadley, Saratoga county; the towns of Clare, Cliftfm, 
Colton, Fine, Hopldnton, Parishville, Piercefield, Pit- 
cairn, Saint Lawrence county; the towns of Neversink, 
Rockland, Sullivan county; the towns of Denning, Gardi- 
ner, Hardenburgh, Olive, Rochester, Shandaken, Shawan- 

> In addition to the general provision made in Article IV of the conser- 
vation law lor the control of certain park reservations by the commission 
(see ni, IS), the care and administration of the Cuba reservation is also 
specifically vested in the commission by L. 1917, ch. 266, sec. 1, which 
amends sec. 50 of the C. L. by adding thereto subsec. 32. (See volume 
ISossion Laws of 1917.) 



gunk, Wawarsing and Woodstock, Ulster county; tho 
towns of Bolton, Caldwell, Chester, Hague, Horicon, Johns- 
burgh, Luzerne, Queensbury, Stony Creek, Thurman and 
Warrenshurgh, Warren county; the towns of Dresden, Fort 
Ann and Putnam, Washington county. [C. L., sec. 62, 
preamble, subsecs. 2-10; * * *; L. 191G, ch. 451, sec. 1.] 

ADDITIONAL TAXATION ACT (CH. 249, L. 1912).' 

Section ] . Article one of chapter sixty-two of the laws 
of nineteen hundred and nine, entitled ' 'An act in relation 
to taxation, constituting chapter sixty of tho consolidated 
laws," is hereby amended by adding at tho end a new 
section to be section sixteen, and (o read as follows: 

§16. Exemption and reduction in assessment of lands 
planted with trees for forestry purposes. -WTienever the 
owner of lands, to the extent of one or more acres and not 
exceeding one hundred acres, shall plant the same for 
forestn,' purposes with trees to the num! er of not less than 
eight hundred to the acre, and whenever the owner of 
existing forest or lnush lands to the extent of one or more 
acres and not exceeding one hundred acres, shall under- 
plant the same with trees, to the numher of not less than 
three hundred to the acre, and proof of that fact shall be 
filed with the assessors of the tax district or districts in 
which such lands are situated as hereinafter provided, 
such lands so forested shall be exempt from assessment 
and taxation for any purpose for a peiiod of thirty-five 
years from the date of the levjdng of taxes thereon immed- 
iately follomng such ,)lanling, and such existing forest or 
brush lands so underplanted shall be assessed at the rate of 
fifty tier centum of the assessalile valuation of such land 
exclusive of any forest growth thereon for a period of thirty- 
five years from the date of the levying of taxes thereon 
immediately following such underplanting. The owner or 
owners of lands forested as above provided, in order to 
secure the benefits of this section, shall file with the con- 
servation commission an affidavit making the due pioof 
of such planting or underplanting and sotting forth an 
accurate description of such lands, the town and county in 
which the same are situated, the number of trees planted 
or underplanted to the acre and the nural)er of acres so 
forested, which affidavit shall remain on file in the office 
of said commission. Upon the filing of such affidavit it 
shall be the duty of the conservation commission to cause 
an inspection of such forested lands to l)e made by a com- 
petent forester or other employee of said commission who 
shall make and file with said commission a \vritten report 
of such inspection. If the commission is satisfied from the 
said affidavit and the report of inspection that the lands 
have been forested as aliove provided, in good faith and Ijy 
adequate methods to produce a forest, plantation, and are 
entitled to the exemption of assessment or to a reduction 
of assessment as provided in this section, it shall make and 
execute a certificate imder the seal of its office, and file the 
same with the county treasurer of the county in which the 
lands so forested are located, which certificate shall set 
forth a description of the lands affected by this section, the 



' See also IV, p. 30, footnote 1. 



36 



STATE rOKESTRY LAWS — NEW YORK. 



PART A— Continued.) 

area and owner or owners thereof, tlie town or towns in 
which the same are situated, the description upon the last, 
assessment-roll which included said lands, the period of 
exemption or of reduction of assessment to which such 
lands are entitled and the date of the expiration of such 
exemption or reduction of assessment. Upon the filing of 
such certificate it shall be the duty of the county treasuier 
to file with the assessors of the tax district in which the 
lands described therein are located within ten days after 
the receipts thereof a certified copy of such certificate, and 
the assessors of such tax district shall place the lands ac- 
cording to the description contained in said certificate upon 
the next assessment-roll prepared for the assessment, of 
lands within such tax district, and shall exempt, or reduce 
the assessment upon, the lands so described as hereinbefore 
provided, and shall insert upon the margin of said assess- 
ment-roll opposite the description of said lands, a statement 
that in accordance with the provisions of this section of the 
tax law said lands are exempt from taxation or that the 
assessment thereof is reduced fifty per centum as the case 
may be and insert also in the margin the date of the ex- 
piration of such exemption or reduction of assessment and 
such lands shall continue to be exempted, assessed and 
carried in such manner upon the assessment-rolls of such 
town until the date of the expiration of such exemption or 
reduction of a,ssessment , Lands which have lieen forested 
as above provided within three years prior to the taking 
effect of this .section may come within its provisions if 
application therefor is made to the conservation commis- 
sion within one year from the time when this section takes 
effect, but except as provided by this section the period 
of exemption or reduction as certified to liy the conserva- 
tion commission shall not exceed the period of thirty-five 
years from the date of the original planting. Lands situ- 
ated within twenty miles of the corporate limits of a city 
of the first class, or within ten miles of the corporate 
limits of a city of the second class, or within five miles of 
the coi-porate limits of a city of the third class, or within 
one mile of the corporate limits of an incorporated village 
shall not be entitled to the exemption or reduction of 
assessment provided for by this section. In the event that 
lands exempted or reduced in taxation as above provided 
shall, by act of the owner or otherwise, at any time during 
the period of exemption or reduction in taxation cease to 
be used exclusively as a forest plantation to the extent pro- 
vided by this section to entitle such land to the privileges 
of this section, the said exemption and reduction in taxa- 
tion provided for in this section shall no longer apply and 
the assessors having jurisdiction are hereby empowered 
and directed to assess the said land at the value and in the 
manner provided by the tax law for the general assessment 
of land. If any land exempted under this section continues 
to be used exclusively for the growth of a planted forest 
after the expiration of the period of exemption provided 
hereby, the land shall be assessed at its true value and the 
timber growth thereon shall be exempt from taxation, ex- 
cept if such timber shall be cut before the land has been 
duly assessed and taxes regularly paid for five consecutive 



years after the exemption period has expired, such timber 
growth shall be subject to a tax of five per centum of the 
estimated stumpage value at the time of cutting, unless 
such cuttings are thinnings for stimulating growth and have 
been made under the supervision of the conservation com- 
mission. AMienever the owner shall propose to make any 
cutting of such timber growth for a purpose other than for 
thinning as aliove provided, he shall give thirty days' 
notice t<5 the assessors of the tax district on which the land 
is located, who shall forthwith assess the s*umpage value 
of such proposed cutting, and such owner shall pay to the 
collector of the town in which such land is situated before 
cutting such timlier five per centum of such assessed valu- 
ation. If such owner shall fail to give such notice and pay 
such taxes he shall be liable to a penalty of three times the 
amount of such tax, and the supervisor of the town may 
bring an action to recover the same for the benefit of the 
town in any coiu-l of competent jurisdiction. 

EXCERPTS FROM THE PENAL LAW.' 

Note. — Although the following sections appear to 
conflict, in a measure, one with another, they are, 
nevertheless, both incorporated into and constitute a 
part of the Penal Law, as amended through 1917. 
However this may be, the enactments of the Conserva- 
tion Law upon the same suljjects doubtless materially 
modify, if they do not nullify, the operation of these 
provisions, as far as they concenr forests. They are, 
however, included here for the benefit of such in- 
vestigators as may desire to work out the interrelation 
of the several provisions in more detail than appears 
to be necessaiy in this compilation. 

SEC. 1421 OF THE PENAL LAW, AS AMENDED BY LAWS 
1910, CH. 474. 

§1421. Burning crops or timber, how punished. — A per- 
son who, tinder circumstai^ces not ainonuting to arson in 
any of its degrees: 

1. Wilfully burns or sets tire to any grain, grass or grow- 
ing crop, or standing timber, or to any building, fix- 
tures or appurtenances to real property of another, or 

2. Wilfully sets fh-e to, or assist[8] another to set fire to 
any wild, waste or forest lands, belonging to the state or 
to another person whereby such forests are injured or 
endangered ; 

Is guilty of felony and is punishable by imprisonmeat 
for not more than ten years or by a fine of not more than 
two thousand dollars, or by both. 

SECTION 1900 OF THE PENAL LAW. 

§1900. Negligently managing and refusing to extinguish 
fires. — A person who: 

1. Wilfully or negligently sets fire to, or assists another 
to set tire to any waste or forest lands belonging to the 
state or to another person whereby such forests are injured 
or endangered ; or, 

2. Negligently sets fire to his own woods, by means 
whereof the property of another is endangered ; or, 

3. Negligently suffers any fire upon his own land to 
extend beyond the limits thereof; or, 

and its equivalent, 



' The penal law is contained in L. 1909, ch. 
ch. 40 of the consolidated laws. 



STATE FORESTRY LAWS — KEW YORK. 



37 



EXCERPT FROM THE CONSERVATION LAW. 

SALARIES AND RATINGS OF FOREST RANGERS.' 



PART A— Continued.] 

4. Having been lawfully ordered to repair to a place of 
a fire in the woods, and to assist in extinguishing it, omits 
without lawful excuse to comply with the order. 

Is guilty of a misdemeanor. 

.Such forest rangers [are hereby authorized] as may be 
necessary, to be employed in the fire towns, who shall be 
rated by the commission on the l>a8is of merit and effi- 
ciency in three grades to be known as the first, second and 
third grades. Such forest rangers shall receive monthly 
salaries of seventy-five dollars; provided, however, that 
each forest ranger who shall be rated in the first grade shall 
receive increased salary at the rate of one hundred dollars 
per annum, and for each year thereafter in which he shall 
so qualify he shall receive a like increase or any part 



thereof unlil his salary is at the rate of one thousand three 
hundred dollars per annum, but the commission shall have 
the power in its discretion, for cause shown, to cancel 
such increase or any part thereof on the failure of any 
ranger receiving such increase to qualify for the first grade 
in any year. Rangers rated in the second grade shall re- 
ceive increased salary at the rate of fifty dollars per year, 
in the year in which they shall so qualify, and while in said 
second grade, provided, however, that the salary of a ran- 
ger rated in the second grade shall not e.Kceed the rate of 
ten hundred dollars per year, unless such increased salary 
shall have accrued by reason of his having been rated in 
the first grade. [('. L., sec. 51, siibsec. 11: * * *; 
L. 1918, ch. 421, sec. ].] 



I See II, 10; also, p. 1, footnote 2. 



38 



STATE FORESTRY LAWS NEW YORK. 

TABLE OF ACTS. 

LEGISLATION AS AMENDED THROUGH BEG. SESS., 1918. 



Legislative references. 


Equivalent references in this 
leaflet. 


Legislative references. 


Equivalent references in 
leaflet. 


this 


a- 


CONSERVATION LAW. 

1911, oil. 647, constituting Con- 
solidated Laws, ch. 6.5.) 


I, 1, footnote 2. 

I, 2112, 3111, 8, 312, 7, 4, 1^, 2112z. 

I, 9tlz, 52,91[2, 6. 

I, 112. 

I, 3113. 

I, 20K22. 
1,10. 

II, 49; III, 27. 

I, 2111, footnote 32. 

1,29. 

I, 21112, footnote 12. 

I, 20113. 

I, 20111. 

I, 20114. 

I, 20115. 

II, 50111. 
11,52111. 
II, S2K2. 
U, 30. 
n, 5012. 
11,55. 

I, 2113, 14. 

n,5i. 

II, 536. 

II (see p. 17, general eros.=!- 

references). 
1,2111. 
m, 18. 
I, 2112. 
1, 2411, 12. 
1,28. 
1,22. 

III, 4. 
Ill, 6. 

I, 23011. 

I, 2511, 23a12. 

I, 2413. 

Ill, 26, preamble. 
Ill, 2611. 
1148. 
lU, 2612. 
Ill, 2613. 

II, 53a11. 

III, 19. 
1,236. 
in, 20. 
H,3 
11, 411. 
11,511. 
n, 612. 

u,e. 

1, 913. 


coNSEHVATioN LAW— continued. 


11, 3712. 
11, 4512. 
11, 4012. 
11, 41. 

II, 3112. 
11,7. 
Ill, 21. 
1,30. 
1,26. 

I, 2313. 

A (see p. 36, footnote 1). 
1,12. 

1. 1611. 
1,17. 

III, 22, 23. 
1,18a. 
1,186. 
1,19. 

II, 17, 16. 

III, 24, 25. 
11, 18, 20, 19. 
11, 8, 90. 

A (see p. 37). 
11, 1211, 13, 1212. 
11, 150, 140. 
n,96. 

I, 13, 15, 14. 11, 11. 

1. 1612. II, 53012. 

II, HI. 
11, 112. 

n,2. 

11, 216, 226, 236. 

11,2911. 

II, 2912, 

II, 2611. 

11, 27. 

11, 2613. 

11, 62. 

11, 2812. 

II. 2612. 

11,3311. 

11, 3312. 

11, 4511. 

Il,32c,/1Il,o,/12,<i, 6,« 

II, 34. 

n, 3111. 

11,44. 

n,46. 

II, 47. 
11, 3611. 
11, 4011. 
U,39. 
11, 3812. 
n,42. 








Art 


24 






25 








26 








27 








28 








29 








30 








31 








32 
























2 








3 








4 








5 








6 








7 








8 








9 








10 








11 








12 








13 








14 








15 








16 












, .ec. 50, pream ^ 










2 








3 






















6 


2 








3 








4 








5 








6 






11, preamble 

w 

w 

w 

(d) 


7 


















2 . . 






3 






4 








5 








6 








7 








8 
























2 








3 






21 


4 





' Indicates the omission of atter irrelevant to forestry. 



STATE FORESTRY I^WS— NEW YORK. 



39 



TABLE OF ACTS—Coutiuued. 
LEGISLATION AS AMENDED THBOTJGH REG. SESS., 1918— Continued. 



Legislative references. 



CONSEKVATION LAW— Continued. 

Art. IV, sec. 55, subsec. 5 

6 

.i6, preamble 

subsec. 1 

2 

.•) 

4 

6 

57-a 

38 

59, preamble 

subsec. 1 (a) 

3 

4 

6 

8 

9 

10 

ll,preambli 
(a). 
W. 

12 

13 

14 

15 

16 

17 

18 

19 

60, preamble 

subsec. 1 

2 

3 

4 

61 , preamble 

.subsec. 1 

2 

3 

4 

5 

6 

8 

f»2, preamble 

subsec. 1 

3 



II, 37111. 

11,38111. 

11,43. 

II, 59, preamble. 

II, 59a1il. 

II, 596, 61. 

II, 59c. 

II, 59(l1l2. 

II, 60a. 
U,60i>. 

IV, la, 2a1Il, 3a1Il, 2a12, 3a1I2, 
4a1il, 2af4, 4at2, Safl, Sa1I3, 
5a14, 2o1I3, .50115, 8a, 6a11, 78, 
5a1i2, 6a1]2. 

I (see p. 5, footnote 3). 

1,27. 

III, Sail 1. 
Ill,5at22. 
Ill, 10a. 
Ill, 106111. 
Ill, 106112. 
111,10c. 
Ill, Hill. 
Ill, 12111. 
Ill, 12112. 
Ill, 86. 
Ill, 80. 

Ill, 9, preamble. 

lU, 9o. 

Ill, 96. 

Ill, 9(f111. 

m, 1112. 

Ill, 11113. 

Ill, 12t3, 12115. 

Ill, 1114. 

Ill, 9d1I2. 

lU, 12114. 

Ill, 9c. 

Ill, 286. 

Ill, 306, 316, 296. 

Ill, 326112. 

111,32611. 

111,336. 

Ill, 2, preamble. 

Ill, 2a1Il. 

111,26111. 

Ill, 2aH4. 

Ill, 2a1I5. 

Ill, 2a116. 

Ill, 2d. 

ni, 2a1I2. 

111. 2c. 

A (see p. 33). 

Ill, 30. 

111,36111. A (Sfe pp. 33-34); HI, 36 

112. 
Ill, 3c1Il. A (see p. 34). Ill, 
3c1I2, 1. 

c Indicate, the omission of 



Legislative references. 



CONSERVATION L.4W — Continued 
Art. IV, sec. 62, subsec. 4 



Equivalent references in this 



63, preamble 
subsec. 1. 



A (see pp. 34-35). 
A (see p. 35). 
A (see p. 35). 
A (see p. 35). 
A (see p. 35). 
A (seep. 35). 
A (see p. 35). 

11 1 n, 38112. 

II, 401(3. 

II, 35. 

II, 54111. 

U, 54112,37111. 

II, 58111, 12, 13, 14a, 13 



6,17 



Art. VII, sec. 4o6-a. . , 
VII-A, Sec. 446. 



TOWN LAW. 

(L. 1909, ch. 63, constituting Con- 
solidated Laws, ch. 62.) 
Sec. 98, subsec. 8 



(L. 1909, ch. 62, constituting Con- 
solidated Laws, ch. 60.) 
Sec. 4. 



GENERAL MUNrCIPAL L.VW. 



II, ■112. 

II, 36. 

III, 2a13. 

II, .5712. 

III, 1 (see note). 
Ill, 1 (see note). 



II, 21a11, 22a, 23a, 2411, 12, 
21a12, 23, 2811. 



Ill (see p. 25, column 1, foot- 
note 12). 

A (see pp. 35,36). 

IV, 16, 26, 36, 46, 3611, 86, 5612, 
76, 9, 10, 11. ' 

lU, 152, i6o. 

HI, 166. 

Ill, 7 (see note 

III, 7 (see noi 

III, 7 (see noi 

III, 7 (see noi 

III, 7 (see 

III, 7 (see 



(L. 1909, ch. 29, constituting ConsoU- 
dated Laws, ch. 24.) 

Sec. 72-a | Ill,28o,32a11,29,30a,33o,32o12, 

I 34a, 31a. 

BOND ISSUE ACTS. | 

L. 1916, ch. 569, sec. 4 j III,46,footnote2, 1412, footnote 4. 

L. 1917, ch. 146, sec. 1 Ill, 1412. 

2 1 111,46,56. 

3 1 III, 13, and footnote 2. 

4 Ill, 46, footnote 1. 

5 111,1411. 

matter Irrelevant to forestry. 



40 



STATE POBESTRY LAWS NEW YOEK. 

TABLE OF ACTS— Continued. 

LEGISIiATION AS AMENDED THROUGH BEG. SESS., 1918— Continued. 



Legislative references. 



Eqiiivalent references in this 



Legislative references. 



Equivalent references in this 



HIGHWAY LAW. 

(L. 1909, ch. 30, constituting Consoli- 
dated Laws, ch. 25.) 
Sec. 96 

97 

97-a 

PUBLIC LANDS LAW. 

(L. 1909, ch. 50, constititing Consoli- 
dated Laws, ch. 46.) 
Sec. 84 



HI, 17o1|l. 
Ill, 17a1I2«, 
III, 176. 



PENAL LAW. 

(L. 1909, ch. 88, constituting ('onsoli- 
dated Laws, ch. 40.) 

Sec. 1421 

1900 

STATE CHARITIES LAW. 

(L. 1909, ch. 57, constituting Consoli- 
dated Laws, ch. 55.) 
Sec. 95, subsec. 11 



X (see p. 36). 
X (see p. 36). 



z Indicates the omission of matter irrelevant to forestry. 



STATE FORESTRY LAWS LEAFLETS ALREADY PUBLISHED. 



1. Wisconsin. 

2. Louisiana. 

3. North Carolina. 

4. Maryland. 

5. Missouri. 

6. Texas. 



7. Virginiii. 

8. Idaho. 

9. Oregon. 

10. Wyoming. 

11. New Jersey.* 

12. Washington. 



13. Indiana. 

14. Minnesota. 

15. Montana. 
11). niinois. 

17. Ohio. 

18. Connecticut. 



19. Massachusetts. 

20. New Hampshiri' 

21. Colorado. 

22. West Virginia. 



' The laws of other States, so far as they have been compiled, are available only for loan, through the Forest Service Library, Washingto 
B.C. 
* Indicates that the supply is exliausted. 



o 



Forestry Laws Leaflet No. 24. 



United States Department of Agriculture 

' FOREST SERVICE 
WILLIAM B. GREELEY, Forester 



Date of issue, Scptcmbci 11, lu2ii. 



STATE FORESTRY LAWS 

INTRODICKI) BV CLASSIFIED SYNOPSES 

VERMONT 

(SERIAL 1— THROUGH REG. SESS., 1919.) 

Compiled by Jeannie S. Peyton, UDder the direction of Louis S. Murphy, Forest Examiner. Eastern Division, Ttranch 

of Forest Management 



COIVTEIVTH. 



Purpose of compilation 

Synopsis of laws 

General forestry' organization and activities 

Commissioner of agriculture 

State forester 

Chief forester 

Expert or other assistants 

Cooperation 

State forest nursery 

Investigation and education 

Publications 

Income from sources other than annual or biennial appro- 
priations 

Fire organization and activities .' 

Commissioner of agriculture 

State forester (State firewarden) 

Forest firewardens 

Patrolmen 

Watchmen 

Landowners 

Fish and game officia's 

Fire-fighting laborers 

Bistribution of costs of fire protection 

Fire provisions for special classes of hazards 

Rai !roads 



Synopsis of laws— Continued. 

Fire organization and activities— Continued. 

Compu!sory brush and s'ash disposa' 

Fire provisions for miscellaneous classes of hazards . . 

Fire-warning notices 

Public forests 

State forests 

Municipal forests 

Taxation 

Classification of forest lands 

Va'uation 

Annua!, or general property, tax 

Yie'd tax 

Special cancellation tax 

State forester 

Chief forester 

Owners of lands 

Exemption from the general tax law 

Miscellaneous provisions 

Board of control 

Committee on budget 

Genera! pena'.ty for failiu-e to perform official duties. 
Text of laws 



PURPOSE OF COMPILATION. 

The compliation of State Forestry Laws, of wliich this leaflet is a part, aims to meet a 
manifest need of the times for a work of reference b\' means of which the basic legislation under- 
lying forestry administration in the several States, and the vaiious activities thereunder, may 
readily be studied and compared. To facilitate this purpose of comparing the legislation of 
one State with another, the Synopses introducing the laws in the several leaflets are classifled 
and arranged to take up in a definite order the various subjects usually covered in such legis- 
lation. To further extend its educational purpose, only such of the State laws as bear more or 
less directly upon the practice of forestry are here compiled, to the exclusion of all other timber 
and tree laws, all forest-insect and fungus-control laws, except general provisions, and all 
transitory provisions of law, including those concerning annual or biennial appropriations. 
182746 —20 1 



''^p 



2 



STATE FORESTRY LAWS VERMONT. 



For the same reason, those finer points of reference proper only to a legal or administrative 
manual have also been omitted. Succeeding issues of each State leaflet, to form a separate 
series for each State, will serve to keep these fundamental laws up to date and free from encum- 
brance by obsolete provisions.' 

SYNOPSIS OF LAWS. 

GENERAL FORESTRY ORGANIZATION AND ACTIVITIES. 



Commissioner of Agriculture. 

Is appointt'd by the governor, with consent of the senate, 
to serve for a term of two years, subject to liaving his 
commission revoked by the governor upon recommen- 
dation of the board of control. Nos. 2, 38. 

Receives a salary of $3,000 per annum, and expenses and 
office supplies. Nos. 76, 77. 

Is, ex officio, State forester. No. 6. 

Pfomotes forestry by means of institutes, lectures, pub- 
lications, and other educational work. No. 4. See 
also "Publications," on p. 3. 

Employs assistants, lecturers, and other experts, subject 
to the approval of the governor, and of the board of 
control, including the fixing of salaries or other com- 
pensation. Nos. 4, 2, 39. 

.A-ttends meetings in other States or countries. No. 4. 

Expends funds for exhibits, etc., outside of the State. 
No. 4. 

Apportions to forestry, under approval of the governor, 
proper proportion of the funds annually available for 
agriculture and forestry. No. 3. 

Expends, for forestry purposes, the revenues derived from 
royalties and the sale of timber resulting from the 
operation of mines and quarries upon public lands of 
the State. No. 69. 

Makes rejiort and recommendations to the governor, 
biennially, including therein the report of the State 
forester. No. 5. 

Willful neglect to perform any of the above-described 
duties is punishable by imprisonment for not more than 
one year, or bj^ a fine of not more than $1,000, or by 
both. Nos. 72, 73, 74. 

State Forester. 

Receives appointment, salary, expenses, and office sup- 
plies, and holds office, in his capacity as commissioner 
of agriculture. Nos. 6, 2, .^S, 76, 77. ' 

Has direction of all forestry matters. No. 6. 

Appoints the chief forester. No. 6. 



Is, ex oflicio, in charge of, and manages, the State forest 
nursery. No. G. 

Cooperates with private owners, at their expense. No. 
0. See also "Cooperation," on p. 3. 

Employs assistance subject to approval of the governor 
and of the board of control, including the fixing of 
salaries or other compensation. Nos. 4, 2, 6, 39. 

Causes the prosecution of jjersons violating laws concern- 
ing forests. No. 6. 

Collects data and makes expert forest studies. No. 6. 

Prepares and circulates at the expense of the State bulle- 
tins and circulars, delivers lectures, and conducts 
demonstrations. No. 19. See also "Publications," 
on p. 3. 

Makes report and recommendations to the governor 
biennially. (Published with report of commissioner 
of agriculture.) Nos. 7, 5. 

Is, ex officio, State firewarden. No. 6. 

Is subject to a fine of not more than $10 for neglect to 
perform any of the above-described duties. No. 23. 

Determines the value of trees cut by mine and quarry 
operators on the public lands of the State and makes 
report thereon to the secretary of state, under penalty, 
in case of willful neglect to perform such duties, of im- 
prisonment for not more than one year, or a fine of not 
over $1,000, or both fine and imprisonment. Nos. 68, 
72, 73, 74. 

Chief Forester. 

Is appointed by the State forester, to hold office during his 
pleasure. No. 6. 

Receives such salary and expenses as ai-e fixed by tlie 
board of control. No. 39. 

Is required to be a professionally trained forester. No. 6. 

Is subject to the orders of the State forester. No. 6. 

Cooperates, \mder approval of the governor, with: (a) 
The Vermont Agricultural Experiment station and the 
U. S. Forest Service, in experimental forestry investiga- 
tions; and (b) the state agricultural college, in lectures 



' Whenever thus leaflet or any other comprising a part of this compilation of " State Forestry Laws" is reprinted for local use, please append 

thereto the following note: This arrangement of the Forestry Laws of is reprinted from " State Forestry Laws, " compiled and issued , 

in leaflet form by the Forest Service, U. S. Department of .\griculture. Similar leaflets for other States, so far as available, and information con- 
cerning forestry laws generally will be furnished ujiou request addressed to "The Forester, Forest Service, Washington, D. C." 

The State Forestry Laws leaflets which have been already published are as follows: No. I.Wisconsin; No. 2, Louisiana: No. 3, North Carolina; 
No. 4, Maryland: No. 5, Missouri; No. 6, Texas: No. 7, Virginia; No. S, Idaho; No. 9, Oregon; No. 10, Wyoming; No. 11, New Jersey (supply 
exhausted); No. 12, Washinton; No. 13, Indiana: No. 14, Minnesota: No. 15, Montana; No. 16, Illinois: No. 17, Ohio; No. 18, Connecticut; No. 19, 
Massachusetts: No. 20, New Hampshire; No. 21, Colorado: No. 22, West Virginia; No. 23, New York. Requests for leaflets should always identify 
the particular ones desired by giving their respective numbers, as here indicated, in addition to mentioning the names of the States. The laws of 
other States, so far as they have been compiled, are available only for loan, through the Forest Service Library, Washington, D. C. 



■77brarTof congress 

seciivEo 



STATE FORESTRY LAW'S — VERMONT. 



and demonstrations Concerning forestry; each of said 
agencies bearing its })roportional share of tlie total 
expenses. No. 6. 
Is subject to a fine of not more than $10 for neglect to per- 
form any of the above-descriljed duties. No. 23. 

Expert or other Assistants. 

Are employed subject to the approval of the governor, 
and of the board of control. Nos. 4, 2, 6, 39. 

Salary or other comjjensation of persons so em]jloyed is 
fixed by the brard of control. No. 39. 

Cooperation. 

Js authorized: 

A\'ith ])rivato owners of forest lands, at their expense. 
No. (1. 

With certain State and Federal agencies, under ajv 
proval of the governor; each of which agencies bears 
its proportional share of the total expenses. No. 6. 

State Forest Nursery. 

Supplies forest seedlings: 

At cost, within the State, together with directions for 
planting the seedlings, and, as far as practicable, 
skilled assistance or supervision, at applicant's 
expense, upon request therefor. Nos. 24, 25, 26. 
At market prices, outside of the State. No. 27. 
Is located on land of the Vermont Agricultural Experi- 
ment Station. No. 24. 
Is in charge of, and managed by, the State forester. No. 6. 
Revenue acquired through sales of surplus stock for use 
outside of the State is turned into the State treasury 
for general forestry purposes. No. 25. 
Costs of management are defrayed out of the general funds 
available for forestry purposes. No. 25. 

Investigation and Education. 

Are promoted: 

By institutes, lectures, publications, and other activi- 
ties conducted by the commissioner of agrieultiu'e, 



including the authority to expend funds for exliib- 

ils, etc., outside of the State. No. 4. See also, 

below, "Publications." 
By collection of data, expert studies, bulletins, 

addresses, lectures, and demonstrations by the 

State forester. Nos. 6, 19. 
By coojieration, on the part of the chief forester, with 

the X'ermont Agricultural Experiment Station and 

the TJ. S. Forest Service, in experimental forestry 

investigations; and ^-itli the State agricultural 

college, in lectures and demonstrations concerning 

forestry. No. G. 
By instruction in forestry pro\ided in the State school 

of agriculture at Randolph, and the Theodore N. 

Aail agrictilttu'al school and farms at Lj-ndon; and 

in Middlebury College. Nos. 59, GO. 

Publications. 

.■\re issued in the form of bulletin.'i, circulars, and annual 
reports, by the commissioner of agriculture and the 
State forester, relative to State forest conditions, the 
care of woodlands, best methods of hmibering, promo- 
tion and preservation of forest growth, prevention and 
control of forest fires, with the State laws thereon, and 
kindred subjects. Nos. 4, 5, G, 7, 19. 

Income From Sources Other Than .Annual or Biennial 
Appropriations. 

For general forestry pur])oses, is derived : 

From sales of forest .seedlings, propagated in the State 

forest nursery. No. 25. 
From sales of tiralier and other products of State 

forests. No. 8. See also No. G9. 
From royalties and sales of timber on other State 
lands. No. 69. 
For forest fire protection,^ is deri\'ed irum jjrivato lands not 
sufficiently protected. No. 11. 



FIRE ORGANIZATION AND ACTIVITIES. 



Commissioner of Agriculture. 

Is, ex officio. State forester. No. 6. 
State Forester (State Firewarden). 

Is, ex officio. State firewarden. No. G. 

Receives appointment (including term of office), salary, 
expenses, and office supplies, in his capacity as com- 
missioner of agriculture. Nos. G, 2, 38, 7G, 77. 

Is empowered to exercise such powers and to perform such 
duties ' as a firewarden in a town or gore, and with like 



■ For tlie powers and duties of a firewarden in a town or gore, see 
" Forest Firewardens," on p. 4, and also " Municipal Forests," on 
p. 6. 

- While the State fund which is available, annually, for meeting un- 
foreseen forest fire emergencies can not be considered as a permanent 
source of income, it nevertheless constitutes a fund upon wliicli.ou aji- 



eftect; and is subject to a fine of not more than $25 for 

failiu-e to perform the same. Nos. 6, 14. 
Approves appointment of town forest firewardens by 

town boards of selectmen; and appoints such firewardens 

when the selectmen fail to do so. No. 11. 
Divides towns into districts, as conditions may demand 

and api)oints necessary district forest firewardens. No. 

17. 
.\ppoints forest firewardens for unnrganizcd towns and 

gores. No. 12. 



proval by the committee on budget, the State depends to cover: (a) All 
sums spent for forest protection purposes, by organized towns, in excess 
of 10 per cent of the grand list of each town (see No. 11): and (b) all 
per diem and other expenses of forest fire-protection work in unorgan- 
ized towns and gores (see No. 12). with the exception of the costs of 
employing watchmen at fire lookout stations (see No. Itt). 



STATE FOEESTRY LAWS VERMONT. 



Approves, or directs, establishment of patrol by for 8t 
firewardens. No. 14. 

Uses portions of the money apportioned for forestry: ' 
To defray costs of maintainina; aatchmen at fire look- 
out stations. No. 16. 
To defray expenses of wardens attending meetings for 
discussion of forest fire problems. No. 15. 

Determines what unoccupied or uninclcsed lands con- 
taining inflammable material in organized towns have 
not been provided during the previous year with ade- 
quate protection against fire, such lands being subject 
to a special tax levy. No. 11. 

Certifies to State auditor of accounts, for payment, ap- 
proved accounts of town forest firewardens and their 
assistants for services rendered in adjoining towns, 
whenever those towns fail to make such payments. 
No. 11. 

Prepares and furnishes to firewardens and landowners 
forest fire notices for posting. No. 22. 

Prepares and publishes bulletins or circulars concerning 
prevention and control of forest fires, and containing 
the State laws thereon. No. 19. See also "Publica- 
tions," on p. 3. 

Furnishes blank forms to firewardens for reports upon 
forest fires. No. 13. 

Causes the prosecution of persons who violate forest or fire 
laws of the State. No. 6. 

Makes report, biennially, to the governor of his official 
acts and all matters in his charge, with recommenda- 
tions. No. 7. 

Is subject to a fine of not more than $10 for failure to per- 
form any of the above-described duties.- No. 23. 

Forest Firewardens. 

In organized tov'ns. 
Town forest firewardens: 

Are appointed by the board of selectmen of each 
towai, annually, on or before January first, subject 
to the approval of the State firewarden, to serve 
for one year; except in the case of the chiefs of 
fire departments, who act in such capacity, ex 
officio, (without additional compensation) when- 
ever there are woodlands within the limits of a city. 
Nos. 11, 18. 

Are also appointed by the State firewarden when the 
selectmen fail to do so by the first of March. No. 11. 

Receive from the town $3 a day for time spent in the 
discharge of their official duties. Nos. 11, 14. 

Are restricted to specified districts within their re- 
spective towns whenever, in the judgment of the 
State firewarden, the conditions in a town call for 
the services of more than one firewarden. No. 17. 



1 Pee No. 3. 

2 The penalty provision here referred to is that prescribed for any state 
officer, whi e firewardens, a though coming within the class of state 
officers, are subject to a special fine of not more thanSM. See, be'ow, 
under "Forest Firewardens," the penalty statement, on this page. 



District forest firewardens: 

Are appointed by the State forest firewarden, and 
assigned to take charge of specified districts within 
towns which are found to require more than one 
firewarden, and receive the same compensation 
from towns as town forest firewardens. No. 17. 
In unorganized toivns and gores. 
Forest firewardens: 

Are appointed by the State fire'warden, for a term of 
one year; and receive from the State 13 a day for 
time spent in the discharge of their official duties. 
No. 12. 
Ill (ill towns and gores. 
All forest firewardens: 

Establish fire-patrol, subject to ajijiroval of the State 
firewarden, in dangerous localities, during the 
danger season; the expense of which is paid the 
same as costs of fire-fighting.' No. 14. 

Take required measures for the prompt control or ex- 
tinguishment of forest fires, actual or threatened, 
within their respective jurisdictions, and also in 
adjoining towns when necessary. Nos. 11, 18, 17, 
12, 6. 

Enter any premises. Nos. 11, 18, 17, 12, 6. 

Impress residents of the town to render assistance; 
which authority, in the case of firewardens for 
unorganized towns or gores, is extended to include 
also summoning persons from outside thereof. Nos. 
11, 18, 17, 12, 6. 

Determine when watchmen shall be maintained at 
fire-lookout stations. No. 16. 

Post warning notices in suitable places. No. 22. 

Perform patrol duty. No. 14. 

Arrest without warrant violators of forest fire laws, 
and make complaints to the jjroper officer. Nos. 
11, 23, 18, 17, 12, 6. 

Attend local meetings for discussion of fire problems, 
upon request of the State firewarden. No. 15. 

Keep official records, sliowing expenses incurred, and 
number and causes of fires within their respective 
jtuisdictions, with the areas burned over, and the 
character and amount of damage done; and make 
report thereon to the State firewarden, within two 
weeks after a fire. No. 13. 

Suffer no abridgement of authority in consequence 
of the similar authority given the State firewarden. 
No. 6. 

Are subject to a fine of not more than .$25 for failure to 
perform their duties, without sufficient reason there- 
for.* No. 14. 

Patrolmen. 

Are employed, in dangerous localities, during the danger 
season, by the town (or by the State, in unorganized 
towns or gores), under the direction of the forest fire- 



2 For payment of costs of lire-fighting, see Nos. II, 12. 
I See footnote 2 in column 1. 



STATE FORESTRY LAWS — VERMONT. 



wardens, subject to the approval or direction of the 
State firewarden; and the cost thereof is paid in the 
same manner as expenses for tire-fighting.' No. 14. 

Watchmen. 

Are employed, by the State, under the direction of the 
State firewarden, at fire-lookout stations, whenever, in 
the judgment of a forest firewarden, their 8er\dces are 
needed; and receive not to exceed $2 per day. No. 16. 

Landowners. 

Establish, at their expense, fire-lookout stations, and con- 
nect the same, b\' telephone, with regular lines of tele- 
phones. No. 16. 

.\re furnished with fire warning notices for posting in suit- 
able places. No. 22. 

Are subject to a special tax le\'y by towns if they neglect 
to protect their forest lands. No. 11. 

Fish and Game OflBcials.- 

State fish and game commissioner: 

-Attends to the publication and posting of proclama- 
tions establishing and reopening close seasons for 
hunting during times of drought and payment of 
costs thereof. No. 67. 
County and deputy fish and game wardens: 

Enforce forest fire provisions of title 38 of the General 

Laws. No. 64. 
Have power to require aid in enforcing the duties of 

their oflice. No. 64. 
Arrest violators. No. 64. 
Serve criminal j)roces8es. No. 64. 
Make and subscril)e to the necessarj- complaints or 

informations. No. 64. 
Caution persons concerning danger frcm fires in 

woods. No. 64. 
Extinguish fires left burning. No. 64. 
Notify all parties interested and the forest firewarden 
of the town whenever a fire threatens to extend 
beyond their C' ntrol, and exercise all the powers 
and duties of such firewarden until his arrival.^ 
No. 64. 
Render expense accounts for forest fire work to the 
treasurers of the towns in which the fires occur, 
who arrange for payment thereof in the manner pro- 
vided for pajTuent of forest firewardens.-^ No. 64. 
Fire-fighting Laborers. 

.\re impressed Ijy any one of (he several classes of fire- 
fighting officials having authority to take such action, 
and are subject to a jjenalty of not more than .$10 for 
neglect or refusal to comjily with such summons. Nos. 
11, 18, 17, 12, 6, 64. 

1 For payment of costs of forest fire-fighting, see Nos. 11, 12. 

- Willful npE ect to perform any of the.?e duties is punishable by im- 
prisonment for not more than one year or a fine of not over $1,000, or by 
both. iSce Nos. 72, 7.1, 74.1 

' For powers and duties and payment ot forest firewardens, see "Forest 
firewardens," on p. 4, and "Municipal forests," on p. 6. 



Are paid by the town concerned if the same is organized; 
otherwise, by the .'• tite, at the same rate per hour as is 
paid fcr labor on highways, upon a niinimtmi ba-sis of 5 
hours' pay (see Ncs. 11, 12); and, in event of failure 
on the part of any organized town to duly make payment 
for such service, rendered in an adjoining town, the 
State pays therefor, and is sub.sequcntly roiml)ursed 
by the town. No. 1 1. 

Distribution of Costs of Fire Protection. 

State pays: ' 

Entire cost of fire jirotectioii in iinurganized towns 
and gores. ^ No. 12. 

Such portion of the cost of fire ])rotection in organized 
towns as may be in excess of 10 per cent of the 
grand list of each town.' No. 11. 

Cost of employing watchmen at fire-lookout stations in 
all towns and gores. No. 16. 

Expenses of forest firewardens attending meetings for 
discussion of forest-fire problems. No. 15. 

Costs of printing and circulating bulletins or circtdai-s 
concerning jtrevention and control of forest fires, 
and the forest fire laws of the State. No. 19. 

Expenses of publishing and posting proclamations 
establishing, and, if necessary, reopening close 
seasons for hunting during times of drought. No. 67. 
Organized towns pay: 

Per diem of town forest firewardens, and district 
forest firewardens. Nos. 11, 17. 

Expenses of fire-fighting within their respective limits, 
to an extent not to exceed 10 per cent of the grand 
list of each town; of wliich amount the town recovers 
not to exceed one-half, thi'ough a special tax levy 
of not to exceed five cents per acre, upon all unoc- 
cupied or uninclosed lands, or both, which contain 
inflammable material, and wliich are shown not to 
have been pro\-ided by the owner with adequate 
fire protection during the pre\dous year. No. 11. 

Expense of patrolmen employed within their respec- 
tive limits, in the same manner as expenses for 
fighting fires. No. 14. 

Costs of the performance of various duties incidental 
to forest fire protection. No. 14. 
Landowners pay: 

On account of their unoccupied and uninclosed lands, 
or both, containing inflammable material that has 
not been, during the pre\'ious year, provided with 
adequate protection against fire, a special tax levy 
of not to exceed fi\'e cents per acre, in reimburse- 
ment of the town for not to exceed one-half of the 
forest fire expenses in that year. No. 11. 



' In addition the State advances any amotmts that may be due for 
fire-fighting services rendered by forest firewardens and their assistants 
in adjoining towns, when such towns neglect or refuse to pay for the 
same, the State being reimliursed therefor by the towns. (See No. 
11.) 

* Payment is made from the moneys aimually available for purposes 
of any xmforesccn contingency, upon approval by the committee on 
budget, under the provisions olscction 654, G. L. (See Nos. 11,34.) 



6 



STATE FORESTRY LAWS VERMOi^T. 



Fire Provisions for Special Classes of Hazards. 

Railroads. 

Are required to use suitable de^'ices and to exercise due 
caution to prevent injuring property tlii'ough causing 
fires; and, in default thereof, when injuries are inflicted, 
the rolling stock or other property used in the running 
or management of the road is subject to attachment to 
furnish indemnity therefor, and the employee or agent 
guilty of the negligence is subject to imprisonment for 
not more than one year, or a flue of not more than ?1,000; 
which criminal procedure does not exempt either the 
railroad or its employees from an action for damages. 
Nos. 63, 62, 61. 

Have an insurable interest in the property along their 
route. No. 63. 

Compulsory brush and slash disposal. 

Penalty for leaving brush and slash is imposed in the 
form of a tax upon unoccupied or uninclosed lands which 
have not been protected during the previous year. 
No. 11. 

Fire Provisions for Miscellaneous Classes of Hazards. 

Require : 

All unoccupied or uninclosed lands, or both, con- 
taining inflammable material, to be afforded ade- 
quate protection, under penalty of a special tax levy 
thereon, in event of failure to comply with the 
requirement. No. 11. 

The times and conditions of kindling fires in the 
open shall be such as to insure control of the fires, 
under penalty of a fine not to exceed $10. Nos. 
20, 23. 



Fires kindled in or adjoining woods to be totally 
extinguished before leaving them, under penalty 
of imprisonment for not more than 30 days, or a fine 
of not more than $50, or both. No. 21. 

In seasons of drought, that the governor, in the exer- 
cise of his discretion, may proclaim a close season 
for hunting. Nos. 65, 66, 67. 
Prohibit: 

Willful and malicious setting woods or forests on fire, 
so as to occasion injury to another, under penalty 
of imprisonment in the State prison for not more 
than 5 years, or fine of not more than $500. No. 70. 

Entering upon lands of another and setting a fire that 
causes damage, under penalty of imprisonment for 
not more than 60 days, nor less than 30 days, or 
fine of not more than $100, nor less than $10.' No. 
71. 

Fire-warning Notices. 

Are required: 

To be printed in large letters. No. 22. 
To contain proper warnings as to the danger of forest 
fires, incorporating therein the provisions of sec. 
478, G. L.'' which require total extinguishment, 
before leaving, of fires built in or adjoining woods, 
under penalty of imprisonment or fine, or both. 
No. 22. 
To be furnished bj' the State firewarden, and posted 
by the firewardens in suitable places. No. 22. 
Are permitted to be furnished also to ])ri\-ate landown- 
ers. No. 22. 
Willful removal or defacing thereof sulijects the offender 
to a fine of not more than $10 for each offense. No. 23. 



PUBLIC FORESTS. 



State Forests. 

Are established for the purpose of promoting and exem- 
plifying a State forest policy. Nos. 8, 9. 
Are acquired by the governor and State forester by means 
of .gift,' of purchase, or of lease of lands. Nos. 8, 
9, 1. 
Are administered by the State forester and the commis- 
sioner of agriculture (Nos. 6, 8, 10); who are author- 
ized :- 
To provide necessary improvements, such as shelters, 

lookout towers, etc. No. 10. 
To lease or sell mine or quarry sites. No. 69. 



' For general authority conferred upon the governor to accept gifts, 
to the State . of real and personal property, see, in volume of the General 
Laws, sees. 357,358. 

= Failure on the part of an ofhcer to perform any of these duties named 
renders him liable to a fine of not more than SIO (see No. 23), except in 
the cases of the duties of leasing and selling mines and quarry sites, and 
leasing additional lands for state forests, which cases fall vmder a general 
penalty; for which, see Nos. 72, 73, 74. 



To sell timber and other products; and must turn the 

proceeds into the State treasury, for general forestry 

purposes. No. 8. 
To survey and reforest the lands. No. 9. 
To use for reforesting purposes, free of cost, seedlings 

raised in the State forest nursery. No. 25. 
To prosecute for trespassing upon or injuring such 

lands through fire or other causes. No. 6. 
.\re taxed as are privately owned forest lands similarly 
utilized for fore.-^t production. Nos. 8, 46. 

Municipal Forests. 

Are established for the purpose of producing supplies of 

wood and timber. No. 2S. 
Are acquired by means of donation or by vote of the 

towns for purchase thereof, subject to examination as 

to their suitability for such use, in cases of tracts of not 

less than 40 acres. Nos. 28, 29. 



»The provisions in No. 70 are not affected by these provisions in No, 71. 
< See No. 21. 



STATE FORESTRY LAWS VERMOKT. 



Aro adrainistorod undor the diroction of the State forester, 
who is required:' 

To advise what trees shall be planted. No. 29. 

To use for reforesting purposes, free of cost, seedlings 
raised in the State forest nursery. No. 25. 

To direct what trees may be cut and what products 
may be sold; and to see that the proceeds there- 



from are turned into the trea-^ury of the town owning 
the lands. Nos. 29, 30, 31. 
To prosecute for trespassing upon or injuring such 
lands through fire.'- No. 6. 
Are protected by their respective town firewardens; who 
are paid for such services by the towns at the same rate 
as they receive for fighting forest fires, subject to the ap- 
proval of ihcir arconnts by the Stale forester.^ No. 30. 



TAXATION. 



C'las.sifiralion of Forest Lands. 

(iroups lauds to be classified on the basis of average age of 
stands, namely, as group 1 for "young timber lands" 
(under 15 years old), and as group 2 for "wild forest 
lands" (over 15 years old). Nos. 46, 50. 
Provides, as a basis therefor: 

That the lands in both groups shall be located outside 

the limits of a city or ^^llage. Nos. 46, 50. 
That the lands in group 1 shall be adequately stocked 
with trees; the species, approximate spacing, and 
manner of planting being specified, whore planting 
is necessary. No. 46. 
Thit the lands of group 2 shall be unsuited to agricul- 
ture, and of 5 acres or more in extent. No. .50. 
That State forests shall be classified with grouj) 1. 
No. 46. 
Requires: 

That application for group 1 shall be made to the State 
forester; and, for group 2, to the listers in each 
organized town or to the board of appraisers for the 
unorganized towns and gores. Nos. 45, 50, 51, 56. 
That the suitability of the land for classification shall 
be determined by the State forester for group 1; 
and, by the listers (or board of appraisers) for group 
2, subject to appeal therefrom by the owner. Nos. 
45, 51, 56. 55. 
Becomes finally effective: 

For group 1, through the issue of a certificate of 

classification by the State forester. No. 45. 
For group 2, by being set in the grand list by the listers 
(or board of appraisers). Nos. 51. 56. 
Continues in effect, for both groups, so long as the land is 
maintained in condition suitable to continuous forest 
production; and, whenever this condition ceases, the 
cla.ssification is canceled. Nos. 47, 52, .54, 56. 

Valuation. 

Requires: 

That, for purposes of the general property tax, assessed 

values, for both groups, be established, once for 

all, at the time of classification, and so remain 

until 1950. Nos. 46, 52. 
That, for group 1, the assessed value of the land be 

the only value so established and at not to exceed 

$3 an acre. No. 46. 

1 Failure on the part of the State forester to perfonn any of the duties 
Ramcd renders him liable to a fine of not more than 110. (See No. 23.) 



That, for group 2, the assessed value of the land and 
timber together be so established, namely at the 
same figure at which they were assessed at the quad- 
rennial appraisal immediately preceding. Nos. 51, 
56. 

That, in each group, a reassessment, on the same basis, 
but ^vithout the limitations as to value originally 
imposed, be made in 1950 and continue unchanged 
for a period of 50 years. Nos. 46, 52. 

That, in both groups, for ptirposes of the yield tax, the 
appraised stumpage value of the timber shall be 
determined on the basis of the quantity and stump- 
age value of material cut, as reported by the owner, 
or as re\dewed and revalued by the listers (or board 
of appraisers) ; or, in event of an appeal by the owner, 
as again reviewed, by a special board. Nos. 48, 53, 
55, 56. 

Annual, or General Property, Tax. 

[s levied, up to 1950, in both groups, tipon the assessed 
values established at time of classification; and, there- 
after, for a period of 50 years, upon the reassessments 
of those values. Nos. 46, 52. 
Yield Tax. 
Is imposed : 

Upon the apjtraised ^•alue of any i)roducts cut from 
lands in either group, with the exception of such 
products as are devoted to personal use, and, in the 
case of group 1, with the further exception of such 
material as may be removed in the process of thin- 
ning, the stumpage value of which does not exceed 
the cost of removal. Nos. 46, 48, 53, 56. 
Is levied : 

In the case of group 1 at the rate of 10 per cent. No. 46. 

In the case of group 2 at the rate of one-tenth of 1 per 

cent, for each year that the land in any given tract 

has been classified, up to a maximum rate of not to 

exceed 7 per cent. No. 53. 

Is due: 

Whenever a taxable product is cut on lands in either 
group, and notice to that effect by the town treasurer 
is issued. Nos. 49, 53. 



2 In this connection special reference is made to the following specific 
provision in No. 6: "Said forester shall, by complaint to the proper 
prosecuting officer, cause the prosecution of a person who violates a pro- 
vision of law relating to forests and forest fires," * * *. 

3 For powers and duties and pay of towTi forest firewardens, see "For- 
est firewardens," on p. 4. 



STATE FORESTRY LAWS VERMONT. 



Is payable: 

To the town treasurer, in full, 'vrithin 30 days, and in 
triple amount, beyond 30 days, following his notice. 
Nos. 49, 53. 
Is collectible; 

Through an action of tort by the town, whenever 
payment is refused. Nos. 49, 53. 

Special Cancellation Tax. 

Is imposed upon the stiimpage value of the standing tim- 
ber; 

WThenever the land is not maintained in a condition 
suitable to continuous forest production, including 
the holding thereon, uncut, of a stand of timber 
which has matured ; and is in addition to any annual 
or special tax that may have been paid, or may be 
collectible. Nos. 47, 54. 
Is levied ; 

At a unit rate per cent for each year that the land in 
any given tract has been classified; such unit rate 
is one-half of 1 per cent in the case of group 1, and 
one-tenth of 1 per cent in the case of group 2. Nos. 
47, 54, 63. 

At a maximum rate of not to exceed 7 per cent in the 
case of group 2 only. No. 53. 
Is due; 

In the case of group 1, whenever the classilication of 
lands is canceled. No. 47. 

In the case of group 2. whenever an owner, upon noti- 
fication from the listers (or the board of appraisers) 
that his timlier is mature and should be cut, elects 
to surrender classification rather than cut such 
timber. Nos. 54, 56. 
Is payable; 

In the case of group 1 , in full, within 30 days, and in 
triple amount, beyond 30 days, following notifi- 
cation, from the town treasurer, that the tax is due. 
No. 49. 

In the case of group 2, witWn three months from 
receiptbf notification from the listers (or appraisers), 
that the timber is mature and should be cut. No. 
54. 
Is collectible; 

In the case of both groups, through an action of tort 
by the town. Nos. 49, 54. 

State Forester.' 

In the case of both groups: 

Directs manner of making application for classifica- 
tion. Nos. 45, 51. 



In the case of group 1; 

Also determines suitability of lands, and issues 

certificate of classification. No. 45. 
Approves species of trees that may be grown on such 
lands, and the manner of planting thereon. No. 46. 
Examines classified lands, wheneA'or deemed neces- 
sary, and cancels classification when proper forest 
conditions are not maintained. No. 47. 
In the case of lands planted and exempted prior to 1913, 
for a term of 10 yeara, under the provisions of an earlier 
act; 
Makes rules and regulations for care of the trees 
planted thereon, and, upon request, furnishes copies 
of the same. No. 32. 
Revokes the certificate of exemption when necessary, 
by written notice to the town clerk. No. 33. 

Chief Forester.' 

Is, ex officio, a member of all boards of appeal in cases of 
forest classification. No. 57. 

Owners of Lands. 

Are required; 

To give 30 days' notice' to the listers (or appraisers) of 
intention to cut on lands in group 2, under penalty 
of payment of three times the amount of the tax. 
Nos. 53, 56, 49. 
To file, with the listers (or appraisers), in the case of 
both groups, a statement as to the appraised value 
of the timber cut; which action, in tho case of group 
2, must be in advance of removal of the timber. 
Nos. 48, 53, 56. 
May appeal from decisions by the listers (or appraisers); 
As to the suitability of lands for classification in group 
2; as to the maturity of trees growing on such lands; 
and as to the appraised value of material cut from 
lands in either group. Nos. 55, 48, 56. 
Are entitled to have their lands which were planted and 
exempted prior to 1913 for a term of 10 years under the 
provisions of an earlier act continue to be exempted 
subject to conforming to the rules and regulations laid 
down by the State forester. Nos. 44, 32. 

Exemption from the General Tax Law. 

Is granted for a term of 10 years in the case of certain tree 
plantations established prior to 1913. No. 44. 

Is subject to revocation for violation of the State forester's 
rules and regulations governing the plantations. No. 33. 



1 Willful neglect of any duties here indicated is punishable by impris- 
onment for not more than one year or a fine of not over Sl.OOO, or liy 
both. (SeeNos.72, 73, 74.) 



STATE FORESTRY LAWS VERMONT. 



Board of Control. 

Consists of the governor (serving as chairman). State treas- 
urer, auditor of account*, director of State institutions, 
and a member appointed, biennially, by the governor 
with the advice and consent of the senate. Nos. 35. 36. 

Utilizes as its secretary and recording officer the secretary 
of civil and military affairs, who is allowed necessarj' 
expenses in connection with such work. No. 36. 

Serves without compensation further than necessary 
expenses of its members, with the exception of the 
meml)er appointed by the governor, who receives both 
salary (.$8 a day for services rendered ) and his expenses. 
Nos. 35. 75. 

Holds meetings at least monthly. No. 35. 

Receives from State boards, institutions, commissions, 
officers, and departments other than judicial officers 
monthly reports as to work done and expenses incurred 
and utilizes the .same for purposes of publicity. Xo. 37. 

Has inquisitorial piwers as to tlie ojjerations of all State 
boards, institutions, commissions, officers, and depart- 
ments, and may cause the governor to revoke the com- 
mission of any officer or member of a board ajjpointed 
l)y him. with or without the advice and consent of the 
senate. No. 3S. 

Apjjroves employment of expert or otlier assistance by 
any State board, institution, commission, officer, or de- 
partment. No. 39. 

I''ixes salary or other coinpensation of persons aj)pointr(i 
nr ciiiployed l)y any Slat<' board, itisliliitinii. coniniis- 
sinii. ofiiccr. or deparlfncnt. wlirMi not lixcil by l.nv: 



MISCELLANEOUS PROVISIONS. 

but may not change such as may lie so fixed ; nor author- 
ize expenditures in excess of any maximum limit that 
may be fixed l)y law. No. 39. 

Provides office room, with furnishings, for certain State 
officers, commissions, boards, arid departments, includ- 
ing the commissioner of agriculture. State forester, and 
chief forester, and charges costs against the inoneys an- 
nually available for the support of such officers, l)oards, 
etc, Nos. 40. 41. 42. 

Makes reports and recommendations to the general as- 
.sembly. liiennially. No. 43. 

The meml)ers thereof are subject to imjirisoniuent for not 
more than one year, or a fine of not more than $1,000. or 
both, for willful neglect to perform any of the above 
described duties. Nos. 72. 73. 74. 



Committee on Budget. 

Has authority to make any expenditures necessitated by 
unforeseen circumstances or emergencies, and may 
pledge the credit of the State therefor; the moneys so 
tised being a})proj)riated for such purposes and included 
in the !)udget for tlie next liiennial fiscal period. 
No. 34. 

General Penalty for Failure to Perform Official Duties. 

Imprisonment for not more than one year or a fine of not 
over $1,000, or both such fine and imprisonment, are, in 
the absence of a specific penalty for the of'ense in ques- 
tion, imposed upon any State, county, town, or fire dis- 
trict officer wild willfully neglects to ))erfnrni ilic diitics 
iinj)o,spd uiiciii liiiu by law. .Nos. 72. 73. 71. 



Note.— The aljbri'viation H. L. 



TEXT OF LAWS. 

whenever used l)elo\v. has reference to the State code, entitled, "C:enerai Law.s", issued 1917 



(No. 1.) Sec. 359. G. L.. am. by 1.. 1P19. act 12. .=ec. 1. 
The gov<'rnor mav. in the name of the state, lease for a 
term of years or otherwise. si;ch land or lands as he deems 
neeessarv' for the protection and proper marageraent of 
state forest reserves, or for use by the state in connection 
with state forest reserves; and the go\eriior may also, in 
like manner, lease any land or lands he deems can be 
used to advantage by the slate in connection with any 
state institution or department. 1 eases so entered into 
."hall be kept on file in the office of the secretary of state. 
The auditor of accounts is hereby aiUhorized to draw 
orders for oblisations incurred tmder the provisions of 
this section. [L. 1917, act 14, sec, l.| 

(No. 2.) Sec. 428. G. 1.. The governor shall bien- 
nially in the month of .lanuary. with the adNice and 
consent of the senate, appoint a commissioner of agri- 
culture. Said commissioner shall maint'in .such office 
and emp'ov such assistance, clerical or otho-rwi.se. as the 
governor deems nece.s,sarv for the proper performance 
of his duties. [L. 1917, act 17, sec. 2; * * *; I.. 1908, 
act. 11, sec. 6.] 

(No. 3.) Sec. 429. (i. L. Said commis,sioner shall, from 
time to time, apportion, subject to the approval of the 
182746—20 2 



governor, the moneys annually available for carrjdng out 
the provisions of this' and the following chapter^ between 
agriculture and forestry, as in his judgment w\\\ best sub- 
serve the interests of the state. [I/. 1917, act 17, sec. 1; 
* * *; L. 1908, act II, sec. ll.] 

(No. 4.) Sec. 430. (!. I,. Said commissioner shall pro- 
mote the a.griciiltural interests and education throughout 
thestateby means of institutes, farmers' meetings. lecttires. 
essays, bulletins. » * * nature leaflets and such other 
means as he deems advisable, and may employ, subject to 
the approval of the governor, assistants, lecturers, essaj-ists 
and experts in conducting meetings, in the preparation of 
bulletins « » * and in the proper discharge of his 
duties. Such educational work shall include, among other 
topics, forestry, * * * Lectures and essays shall be 
given and institutes and meetings held at such places and 
times as said commissioner deems advisable. Said com- 
missioner may attend conventions, meetings, or institutes 
relating to agriculture, held in other states or countries. 



I Chapter 2.5 (Agriculture) of the General Laws 
42S. 429, 430, 43.i. 

^Chipter 21) (Forestry; of the General I/.nv-;. 
4(>3-490. 



, which contains sees. 



vhich contains sees. 



10 



STATE FORESTRY LAWS VERMONT. 



Said commissioner may, with the approval of the governor, 
use a portion of the moneys apportioned for agriculture, to 
represent the state by exhibit or otherwise outside of the 
state. [L. 1917, act 17, sec. 3; * * *; L. 1908, act 11, 
sec. 7.] 

(No. 5.) Sec. 435, G. L. Said commissioner shall, in 
each even year, submit a detailed report of his work to 
the governor, together with such facts and abstracts as are 
hereinafter required to be included therein, and together 
■ndth such suggestions in regard to the duties of his office 
and the advancement of the agricultural interests of the 
state as may seem pertinent. Said commissioner may. 
include in such report such addresses, lectures and essays 
delivered under the provisions of this chapter', as he deems 
advisable, and may reprint therein bulletins, * * * 
and leaflets. Said commissioner may include in such re- 
port an abstract of the proceedings of such agricultural 
clubs or other organizations or institutions for the further- 
ance of agricultural education and interests, as he deems 
advisable. There shall be published with such reisort, 
* * * the report of the state forester * * * [L. 1917, 
act 17, sees. 4, 9; * * *; L. 1908, act 11, sec. 9.] 

(No. 6.) Sec. 463, G. L. The commissioner of agricul- 
ture shall, by virtue of his office, be state forester. Said 
forester shall have direction over all forest interests and 
all matters pertaining to forestry, and shall be, ex officio, 
forester in charge of the nursery for forest seedlings. 
Said forester shall he. ex-officio state firewarden and 
may, in his discretion, exercise all the authority of the 
firewarden in a town or gore and may do any act which 
said warden may do under the provisions of this chapter-; 
and every person and town shall be governed and bound 
by such acts of said forester as if the same had been j)er- 
formed by said warden, liut this provision shall not affect 
the authority of said warden. Said forester shall man- 
age the state forest reserves. Said forester shall col- 
lect data and make exjiert studies relative to state forest 
conditions. Said forester may prepare bulletins, deliver 
addresses, lectures and demonstrations in forestry. Said 
forester may advise owners of forest lands in this state 
relative to the management of the same, provided that 
all necessary expenses incident thereto are met by 
those requesting such services. Said forester shall, by 
complaint to the proper prosecuting officer, cause the 
prosecution of a person who viclates a provision of law 
relating to forests and forest fires, and shall cause actions 
to be instituted by the attorney general in liehalf of the 
state against all jjersons trespassing upon or injuring 
any state forest property. Said forester shall appoint a 
deputy who shall be a professionally trained forester, who 
shall be known and officially designated as the chief for- 
ester of the state of \'ermont, who may, subject to the ap- 
proval of the governor, conduct and report upon experi- 
mental investigations pertinent to forestry in coopera- 



1 Chapter 25 (Agriculture) of the General Laws, which contains sees. 
428, 429, 430, 435. 

'Chapter 26 (Forestry) of the General Laws, which contains sees. 
463-490, 



tion with tlie Vermont agricultural experiment static n 
and the United States forest service, and deliver addressps, 
lectures, and demonstrations in forestry in connection 
with the resident and extension service of the state agri- 
cultural college, provided, however, that said station, 
service and college bear their proportional shares of 
the total expense involved in such work. Said deputy 
shall hold office during the pleasure of said forester; and 
said forester may emjjloy such other assistance as the 
governor deems necessary to properly perform the duties 
of said forester. Said deputy shall at all tunes be subject 
to the orders of said forester. [L. 1917, act 17, sec. 8 ; 
L. 1908, act 11, sees. 2, 5; * * *; L. 1904, act 16, sec. 1.] 

(No. 7.) Sec. 464, G. L. Said forester shall, in each 
even year, make a report to the governor of his official acts 
and of all matters in his charge, together with such recom- 
mendations as he deems proper. [L. 1917, act 17, sec. 9; 
* * *; L. 1904, act 16, sec. 2.] 

(No. 8.) Sec. 465, G. L., am. by L. 1919, act 28, sec. 1. 
The governor is hereby authorized, upon recommendation 
of said forester, to accept gifts of land to the state ^ the 
same to be held, protected and administered as a state 
forest reserve. All proceeds from the .sales of timber or 
other products from such lands shall be paid to the state 
treasurer and be used at the discretion of said forester in 
the furtherance of the forestry interests of the state. All 
lands held as state forest reserves shall be appraised under 
the provisions of section seven hrmdred and twenty-two 
of the General I aws* and set to the state in the grand 
list of the town where located and the state shall pay taxes 
thereon. [L. 1917, act 17, sec. 10; L. 1908, act 11, sec. 3.1 

(No. 9.) Sec. 4(ili, G. b. Said forester, with the consent 
of the governor, is autfiorized to purchase lands' in the 
name of the stite, to l)e held, protected and administered 
as state forests as i)rovided in the preceding section. The 
moneys annually available for the purposes of this section 
in addition to paying the purchase price of such lands 
may be used for surveying same, and for reforesting such 
portions thereof as are suitable for such purpose. [L. 1912, 
act 28, sec. l.J 

(No. 10.) Sec. 467, G. L. The commissioner of agricul- 
ture may use such portion of the moneys apportioned for 
forestry as he deems advisable for the erection of shelters, 
lookout towers, storehouses or barns on any of the state 
forest property. [L. 1917. act 17, sec. 11; L. 1912, act 29.] 

(No. 11.) Sec. 468, G. L., am. by L. 1919, act 16, sec. 1. 
The board of selectmen of each town shall annually, on or 
before the first day of January, appoint a town forest fire- 
warden, who, upon his acceptance and upon the approval 
of said forester, shall serve for the calendar year. Said 
warden shall receive three dollars a day for time spent 
in the performance of the duties of his office, which shall 
be paid by the town. Upon the failure of said selectmen 
to make such appointment by the first day of ;\Iarch in any 



s For general authority conferred upon the governor to accept gifts, to 
the State, of real and personal property, see, in volume of the General 
Laws, sees. 357, 358, 

< See p. 14. 



STATE FORKSTKY LAWS — VKl'.ArOXT. 



11 



year, said forester shall appoint such town forest firewarden . 
Said warden shall, when a forest fire or fire threaten- 
ing a forest is discovered in his town enter upon any prem- 
ises and take measures for its prompt control and extin- 
t;uishment, and he may call upon any person in the town 
for assistance, and said person shall lie paid by tho town 
at the same rate per hour as is paid for labor upon high- 
ways. A minimum of five hours' pay shall be allowed 
])evsons who are officially summoned to assist in the oxtin- 
iiuishment of forest fires. A person who nesjlects or refuses 
to assist when so called by said warden, and not excused 
shall be fined not more than ten dollars. Paid warden 
may arrest without warrant any person found in the act of 
\iolating a provision of law pertaining to forest fires. .\ 
town shall not be held liable in any one year for an amount 
greater than ten percent of its grand list, for the purpose of 
extinguishing forest fires of which sum not to exceed one 
half shall lie recovered by the tow n throvigh a special levy 
of not to exceed five cents per acre, which levy shall be 
a.fsessed on a per acre basis as an extra item in the regular 
lax bill against all unoccupied lands or unineloaed lands 
or both containing inflammable material, which, in the 
opinion of the state forester, from facts placed before him 
by the owner of such lands or the selectmen of the town 
in which the lands lie or both, have not been prov'ded 
during the previous year bv said owner with adequate 
protection against fire. I-"ailure of an owner of such 
lands to provide them with such protection, or failure 
to file on or before November first a statement in proof 
thereof with said forester shall be prima facie exHdeiu'e 
of the absence of such protection. Occupancy of a farm 
l)v an owner or his tenant shall constitute adequate 
protection of the timberlands thereon. All sums sjient by 
a town in forest protection in excess of ten per cent of it*! 
grand list shall be paid by the state from the moneys 
annually available for the purposes of any unforseen 
contingency, and the auditor of accounts shall draw an 
order for any such excess, when the same is approved 
by the committee on budget under the provisions of sec- 
ti in ()-')4 of the General Laws.' Whenever said w-arden 
employs men in extinguishing a fire in a town adjoining 
his own the expense incurred shall be paid by the town 
in which the work was done. If a town neglects or re- 
fuses to pay said warden or his assistants for their services, 
.said forester shall, if he finds the same to be justly due, 
certify the amounts to the auditor of accounts, together 
with the names and addresses of the claimants, and said 
auditor shall draw an order therefor payable to such 
claimants, and the town liable for such services shall 
reimburse the state for the amount so paid. [* * *; 
L. 1904, act 16, sec. 3.] 

(No. 12.) Sec. 469, G. L.. am. by L. 1919, act 16, sec. 2. 
Said forester may appoint a forest fire warden for an nn- 
organived town or gore, who shall hold office for one year. 
Said wardens shall ha\e the same powers and unties as 
town forest firewardens and shall receive three dollars 
a day for the time spent in the performance of the duties of 

1 See No. 34, on p. 13. 



his offi<'e. Said warden may call on any person, whether 
resident or not of such town or gore, for assistance and 
such person shall receive the same pa}- and be liable to the 
fame pena'ties as prescribed for persons called upon 
by a warden imder the provisions of the preceding sec- 
tion. The per diem of said warden and said persons and 
all expenses incurred by said warden in extinguishing 
forest fires shall, on the ajojiroval of the committee on 
budget under the provisions of section 6.54 of the General 
Laws ^ be paid by the state from tho moneys annually 
available for the purposes of any unforseen contingency, 
and the auditor of accounts shall draw orders therefor. 
[* * *: L. 1904, act 16, sec. 4.| 

(No. 13.) Sec. 470, (!. L. .\ forest firewarden shall keep 
a record of his acts, the amount of expenses incurred, the 
number of fires and causes, the areas burned over and the 
chara<-ter and amoimt of damages done in his juri.'diction, 
and shall, within two weeks after the discovery of such a 
fire, report the same to said forester on blanks which shall 
be furnished by him. [* * *: L. 1904, act 16, sec. 7.] 

(No. 14.) Sec. 471, G. I.., am, by L. 1919, act 16. sec. 3. 
Such a warden shall, during the danger season and subject 
to the approval or direction of said forester, establish a 
patrol in dangei'ous localities, and the expense for the same 
shall l)e paid as expenses for fighting I'res. Said wardens 
shall receive the same pay for time spent in posting notice.*, 
patrolling or making reports that the>- receive for time 
spent in actual fire fighting. .\ warden who fails to per- 
form his duties without sufficient reason shall be fined 
not more than twenty-five dollars. [L. 1910, act 20, 
sec. 4.] 

(No. 15.) Sec. 472, (i. !.. Said forester may use such 
portion of the money apixirtioncd for forestry as he deems 
necessary, for jiaying the exiiensc of such wardens as he 
may invite to a local meeting for tho discussion of fire 
problems. [L. 1917, act 17, sec. 12; L. 1910, act 20, sec. 5.] 

(No. 16.) Sec. 473, G. L. Whenever an owner of forest 
lands establishes at his expense a fire-lookout station on 
any prominent hill or mountain overlooking timber lands 
in the state and connects the same by telephone with 
some regular telephone line, .said forester is authorized to 
use such portion of the moneys apportione<l for forestry _ 
for maintaining a watchman at such station during such 
period, as said warden deems advisal>le, but such expense 
shall not er.ceed two dollars per day. |L. 1910, act 20, 
sec. 6.) 

(No. 17.) Sec. 474, G. L. Whenever said forester 
deems it difficult in any town for one warden to success- 
fully take charge of protecting the entire town from forest 
fires, he may divide such town into two or more districts 
and designate the district to be under the charge of the 
town warden and appoint a district forest firewarden in 
charge of the other district. Said wardens shall have the 
same powers, duties and pay, and make the same reports 
to said forester as town forest firewardens. [* * *; L. 
1910, act 20, sec. 7.] 



'■ Sec No. 3-1, on p. 13. 



12 



STATE FOKESTRY LAWS VERMONT. 



(No. 18.) See. 475, G. L. Whenever there are wood- 
lands within the limits of a city, the chief of the fire 
department of such city shall act as firewarden with all 
the powers and duties of town forest firewardens, but 
without additional salary. [L. 1910. act 20, sec. 8.) 

(No. 19.) Sec. 476, G. L. Said forester may prepare 
bulletins or circulars treating of forest fires, their pre- 
vention, the best methods of controlling and extinguishing 
the same, the laws of the state on the subject, the care of 
woodlands, the best methods of lumbering, the promotion 
or preservation of forest growth and kindred siibjects, and 
such b\illetins or circulars may lie printed and circulated 
at the expense of the state and may be included in the 
printed report of said forester. (* * *; L. 1904, act 16, 
sec. 8. 1 

(No. 20.) Sec. 477, G. 1.. Fires kindled for the pur- 
pose of burning brush or for other lawful purpose shall 
be kindled only at such times and under such conditions 
as will enable the parties starting them to keep them 
entirely under control.' [* * *; L. 1904, act 16, sec. 9.] 

(No. 21.) Sec. 478, G. L. A person who builds a fire 
in or adjoining any woods shall totally extinguish such 
fire before leaving it. A person who violates a provision 
of this section shall be imprisoned not more than thirty 
daysor fined not more than fifty dollars, or both. [* * *: 
L. 1904, act 16, sec. 5.] 

(No. 22.) Sec. 479, G. L. Said forester shall have notices 
printed in large letters, containing the pro\dsions of the pre- 
ceding section and proper warning as to danger of forest fires. 
Such notices shall be furnished to firewardens, who shall 
post them in suitable places, and may also be furnished to 
private landowners. |* * *; 1-. 1904, act 16, sec. 6.j 

(No. 2:j.) Sec. 480, G. 1,. .\n ofticer who n('glecls to per- 
form the duties imposed upon him by this chapter - a person 
who willfiUly tears down or defaces a notice posted under the 
provisions of this chapter or a person who disobeys any of 
its provisions for which no other penalty is provided, shall 
be fined not more than ten dollars for each offense. The fire- 
warden .shall make complaint to the proper officer of offenses 
under this chapter. [* * *; L. 1904, act 16, sec, 10.] 

(No. 24.) Sec. 481. G. 1/ The Vermont agricultiu-al ex- 
periment station shall, at it« own expense, furnish the nec- 
essary land for a nursery for the propagation of forest seed- 
lings of useful varieties and shall furnish the necessary ex- 
pert supervision thereof, and shall, as soon as may be and as 
far as practicable, furnish to all applicants who are re.sident.s 
of or landowners in this state, material for forest planting at 
the actual cost of the same, and such material shall be used 
for forest planting in this state. [* * *: L, 1906, act 
15, sees. 2, :i.\ 

(No. 25.) Sec. 482. G. I-. Said forester may. sul)ject to the 
approval of the governor, use such portion of the moneys a)> 
portioned for forestry as seems reasonable, for the develop- 
ment of nurseries for forest seedlings, and for the piu'pose of 
supplying, at cost, seedlings for the planting of State forest 
reserves, municipal forests and private lands, as provided in 



1 For penalty in case of violation of these provisions see No. 23. 
= Chapter 26 (Forestry) of the General Jjaws, which contains sees. 
483-490. 



the preceding section. All moneys received from the sale 
of such seedlings shall be covered into the state treasury and 
may be used by said forester in the furtherance of the forestry 
interests of the state. fL. 1917, act 17, sec. 13; * * *: 
L. 1908, acta, sec. 4.] 

(No. 26.) Sec. 483, G. L. Said forester shall furnish to an 
applicant for such forest seedlings suitable directions for 
planting the same and shall, when requested, so far as he 
may be able, furnish skilled assistance or supervision for 
such work, and the applicant therefor shall pay the expense 
thereof, [* * *: L. 1906, act 15, sec. 4.] 

(No. 27.) Sec. 484, G. L. Any surjjlus stock in such nurs- 
ery from time to time after the demands mentioned in the 
third preceding section have been supplied, may be sold at 
fair market prices to parties for use without the state. 
[* * *: L. 1906, act 15, sec. 5.] 

(No. 28.) Sec. 485, G. L. A town may, at any legal 
meeting, vote such s\ims of money as it deems best for the 
purchase, management and impro\ement of lands for the 
purpose of growing wood and timber thereon. [L. 1915, 
act 24, sec. 1.] 

(No. 29.) Sec. 486. G. L. A town owning, either 
through donation or purchase, a tract of land of not less 
than forty acres, may have the same examined \\itho\it 
cost by said forester, for the purpose of determinirg 
whether the same is suitable for a municipal forest. If, 
upon such examination, said forester decides that it is 
suitable for such purposes, it shall be designated as a 
municipal forest, and said forester shall give advice as to 
what trees shall be planted thereon and as to the subse- 
quent management thereof. [* * *; 1.. 1915, act 24, 
sec. 2. 1 

(No. 30. ) Sec. 487, G. L. Such numicijial forests shall 
be managed under the direction of said forester, and onh' 
such trees may be cut as he may, from time to time, des- 
ignate. The protection of such forests shall be under the 
town forest firewarden, who shall be paid for his services 
in connection therewith by the towTi, at the same rate as 
he is paid for fightirg forest fires, upon the ap])roval of his 
account by said forester. [L. 1915, act 24, sec. 4.] 

(No. 31.) Sec. 488. G. L. .Vll moneys received for the 
eale of lumber, wood or other products from such a forest, 
fhall be paid into the treasury of the town owning the 
same. [L. 1915, act 24, sec. 5. | 

(No. 32.) Sec. 489, G. L. Said forester shall make 
rules and regulations relating to the care of timber or 
forest trees planted prior to January first, nineteen hun- 
dred and thirteen, under the provisions of section three 
hundred and sixty-eight of the Public Statutes.^ Said 
forester shall furnish a printed copy of s\u'h rules and reg- 
ulations to any person upon request. [L. 1912, act 40, sec. 
5; P. S., sec. 368; L. 1904, act 17, sec. 2.] 

(No. 33. ) Sec. 490, G. L. Said forester shall revoke the 
certificate of exemption of an owner or occupant of exempt 
land who violates or knowingly permits to be violated 



3 Sec. 368 of the Public Statutes gave the state forester authority to 
determine upon the manner in which such lands as were e?itmpted 
from taxation were to be planted, the number and kinds of trees to be 
used, and other similar details, 



STATE rOKESTRY LAWS YKRMOXT. 



13 



such rules or regulations of said forester, by giving notice 
in wTiling of such revocation to the town c-lerkwith whom 
the original certificate was filed; and, upon the tiling of 
such notice, such exeniplion shall cease. [L. 1912, act 
40, sec 5; P. S., sec. 370; J,. 1904, act 17, sec. 5.] 

(No. 34.) Sec. 654, G. I;. Said (ommittee [Ihc commit- 
lee on budget] shall have the authority to make any expendi- 
tures necessitated by unforeseen circumstances or emer- 
gencies and may pledge the credit of the state for the same, 
* * *, and all sums of money used under the provisions 
of this section are hereby appropriated for the puqioses 
mentioned in this section. All moneys used and expended 
under the provisions of this setj^on shall be included in 
the budget for the next biennial fiscal period. [* * *; 
L. 1915, act 26, sec. 14.] 

(No. 35.) Sec. 655, G. L. The board of control shall con- 
sist of the governor, state treasurer, auditor of accounts, 
director of state institutions and a person to be appointed 
biennially by the governor with the advice and coniient 
of the senate. Such appointed member shall hold oflfice 
f<ir the term of two years from and including the first day 
of Februarj' in the year of his aiJiiointment. The mem- 
l)ers of said board exce])t the person appointed by the 
go\'ernor and confirmed by the senate shall serve without 
]iay, but all shall be paid their necessary expenses when 
away from home on ofiicial business. Said board shall 
meet in the state capital or at such other places as the 
governor may designate at least monthly to transact such 
business as may properly come before it. [1.. 1917, act 32, 
sec. 1.] 

(No. 36.) Sec. 656, G . L. The governor shall be the chair- 
man of said board, and the secretary of ci\-il and military 
affairs shall be its secretary and recording officer and as 
such shall be allowed his necessary expenses incurred in 
carrying out the duties of his office. [L. 1917, act 32, sec. 
2.1 " 

(No. 37.) Sec. 637, G. L. All state boards, institutions, 
commissions, officers and departments other than judicial 
officers shall make monthly reports to said board, and 
Hich reports shall contain a statement of work done and 
expenses incurred during the preceding month. The 
board of control shall deliver such reports to the legisla- 
tive reference librarian, who shall make condensed 
statements thereof and furnish copies of the same to 
newspapers of the state. \L. 1917, act 32, sec. 3. J 

(No. 38.) Sec. 6-59, G. L. The board of control shall, 
at all times, have power to examine the books, accounts 
and business of every state board, institution, commis- 
sion, officer or department, and the governor may, and 
shall, upon recommendation of said board, revoke the 
commission of any memlier of a lioard or commission or of 
any officer appointed by him with or without the advice 
and consent of the senate. [I^. 1917, act 32, sec. 4.J 

(No. 39.) Sec. G60, G. L. Clerical, expert or other 
assistance shall not be employed by any state Tioard, 
institution, commission, ollic^er or department without 
the approval of the board of control. Such a board, 
institution, commission, olficer or department being in 



need of clerical, expert or other assistance shall make 
application to the board of control setting forth the 
reasons for such need and if the board of control finds that 
such asisistance is necessary, it shall authorize such board, 
institution, commission, officer or department to employ 
such as,sistance. The salary or compensation of all 
persons who are appointed or employed by any state 
board, institution, commission, officer or department 
shall be fixed by the board of control, but whenever the 
law fixes the maximum limit to be expended by any 
such board, inslitution, commi.ssion, officer or depart- 
ment for clerical, export or other assistance, the board of 
control shall not authorize the expenditure of moneys in 
excess of such limit, and where the law fixes the salary 
or per diem of a person appointed by such a board, 
institution, commission, officer or department, the board 
of control shall not have power to change such salary or 
per diem. [L. 1917, act 32, sec. 5.] 

(No. 40.) Sec. 662, G. L. The following officers, com- 
missions, boards and departments shall have their offices 
in Monti)elier in rooms to be designated by the board of 
control, when said board shall direct: the governor, state 
treasurer, secretary of state, auditor of accounts, attorney 
general, department of education, * * *^ commissioner 
of agriculture, * - * *, state forester and chief forester, 
* * *, fish and game commissioner, * * *. [I,, 1917. 
act 35, sec. l.| 

(No. 41.) Sec. 663, G. I.. If there is not available room 
for such offices in the state house or now administration 
building, .said board shall contract for the rental of such 
rooms in the city of Montpelier as it deems neces.sary. 
Said board is authorized to furnish each oflice with neces- 
sary furniture and equipment, which .shall be purchased 
by the purchasing agent, as said Ixuird directs. [L. 1917, 
act 35, sees. 2, 3, 4.^ 

(No. 42.) Sec. 664, G. L. The auditor of accounts shall 
draw orders on account of contracts or purchases made by 
said board or purchasing agent under the provisions of the 
preceding section and charge the amounts of such orders 
to the moneys annually available for the support of such 
office, commission, board or dcpaitnicnt. [L. 1917, act 35, 
sec. 5.] 

(No. 43.) Sec. 665, G. L. Said board shall in each even 
year make a report to the general assembly showing the 
work done during the preceding two years and may include 
such recommendations and other mat tor as seems pertinent. 
[L. 1917. act 32, sec. 12. | 

(No. 44.) Sec. 720, C. L, Uncultivated land planted 
with tindjor or forest trees under the provisions of section 
three hundred and sixty-eight of the Public Statutes ' 
prior to .January first, nineteen hundred and thirteen, 
shall be exempt from taxation for a term of ten years, 
commencing on the first day of April in the second year 
after such lands were so planted and the certificate of 
planting is filed as provided in section three hundred and 
sixtv-nine of the Public Statutes. The listers shall note 



I See. footnote to No. 32, on p. 12, 



14 



STATE FORESTRY LAWS \'EKMONT. 



such exemption in the gi-and list. [L. 1912, act 40, sec. 5; 
P. S., sec. 496, subsec. XIV; L. 1904, act 17, sees. 1, 3, 4.] 

(No. 45.) Sec. 721, G. L. An owner of land of the 
description specified in the following section, who wishes 
to have it classified under the pro\'isions thereof, shall 
make appUcat'on therefor to the state forester, accom- 
panied by such description thereof as sa'd forester may 
require. Sa'd forester shall thereupon examine the land 
in question, and if he finds the requirements of the fol- 
lowing section have been fulfilled , he shall issue a triplicate 
certificate of classification, the original to be filed in his 
office, one copy in the office of the clerk of the town in 
which the land lies and one copy given the owner. [L. 
1912, act 40, sec. 1.] 

(No. 46.) Sec. 722, G. L., am. by L. 1919, act 28, sec. 
2. Land fully stocked with forest trees not more than 
fifteen years old, except scattered trees the presence of 
which does not increase the assessed value of the prop- 
erty; land incompletely or part" ally stocked with forest 
trees not more than fifteen years old. when planted with 
a sufficient number of additional trees to assure a spacing 
of approximately six by six feet over the entire area; 
lands held as state forest reserves; and open land ])lanted 
with not less than one thousand forest trees to the acre, 
shall be classified as forest land; provided in each case 
that the trees planted are of the following species: ash, 
bass wood, oak, maple, white, Scotch or Norway pine, 
European larch, white or Norway spruce, or any other 
species approved by the state forester, and jirovided 
further that said forester approves the manner in which 
the trees are planted, and provided further that such 
land is outside the limits of a city or village. Land so 
classified shall thereafter be taxed annually, under the 
general tax law, at the local rate on a valuation of the 
land alone, such valuation to be established by the list- 
ers ' at the time of classification, in no case to exceed 
three dollars an acre, and such ^-aluation shall be main- 
tained until the year nineteen hundred and fifty. In 
such year, the land alone shall be revalued without 
regard to the above limit, and the valuation then estab- 
lished shall be ma'ntained for a further period of fifty 
years, taxes being levied annually, under the general 
tax law, on such valuation at the local rate. Whenever 
a commercial cutting is made, the owner of the timber 
shall pay a special tax on the gross stumpage value of 
the amount cut, which is hereby assessed at ten per cent 
of such value. [L. 1912, act 40, sec. 2.] 

(No. 47.) Sec. 723, G. L., am. by L. 1919, act 29, sec. 1. 
Classification as forest land under the pro^•isions of the 
preceding section shall continue so long as proper forest 
conditions are maintained thereon. Use of such land for 
pasture to the detriment of the trees thereon; destruction 
by fire of the tree growth and failure of the owner to 
restore forest conditions;- removal of tree growth and use 
of land for other purposes; or any other changed condi- 
tions which, in the opinion cf the state forester, indicate 
that i)roper forest conditions are not maintained, shall be 

t See also No, 56, 



sufficient ground for cancellation of classification. When 
requested by the listers ' or whenever he deems it neces- 
sary, said forester shall examine forest land so classified, 
and, if he finds that the provisions of law are not fully 
complied with, he shall forthwith cancel such classification, 
and send notice thereof to the clerk of the town in which 
the land lies and to the owner thereof. Such land shall 
thereafter be taxed tinder the general tax law, unless it is 
granted re-classification as forest land at a subsequent date. 
Whenever a classification is cancelled, the owner of the 
land shall pay a special tax on the stiunpage value of the 
standing timber, which is hereby assessed at a half of one 
per cent per annum for the entire niunber of years such 
land has been imder classification. Such tax shall be in 
addition to any annual tax or special tax which may have 
been paid, or may be collectible.' [L. 1912, act 40, sec. 3.] 
(No. 48.) Sec. 724, G. L., am. by L. 1919, act 29, sec. 2. 
All products of cuttings on classified land shall pay the 
special tax provided in the second preceding section, ex- 
cept material ctit for domestic use and which is not to be 
sold, or material removed in the form of thinnings to im- 
prove the condition of the remaining stand, and whose 
stumpage value does not exceed the cost of remoAal. 
Whenever a cutting is made other than herein excepted 
the owner of the timber shall file with the listers ' a 
sworn statement of the quantity cut and its stumpage 
value. If the listers deem the value as so stated too low, 
Slid listers shall determine the same and report it to the 
owner. Should the owner be unwilling to accept the 
valuation so determined, said owner may take an appeal 
therefrom in the manner provided for appeals in chapter 
forty-three.^ [L. 1912, act 40, sec. 4.] 

(No. 49.) Sec. 725, G. L. As soon as taxes specially 
assessed by either the second or third preceding section 
become due, the town treasurer shall send written notice 
thereof to the jjerson liable for the same, requiring pay- 
ment within thirty days thereafter; and if such tax is not 
so paid, said person shall be liable to a penalty of three 
times the amount thereof, to be recovered by the town in 
an action of tort, on this statute. [L. 1917, act 254, se^ 
093.] 

(No. 50.) Sec. 726. G. L. The owner of waste, partially 
denuded or wild forest land of the area of five acres or 
more, outside of city or village limits, occupied wholly or 
in part by a natural or planted growth of trees more than 
fifteen years old, or by both, which land is unsuitable for 
cultivation, may apply to the listers' of the town in which 
it lies to have it separately classified for taxation. [L. 
1912, act 41, sec. 1.] 

(No. 51.) Sec. 727, G. L. Each such application shall 
be made in duplicate on blanks furnished by the state 
forester, and shall give a brief description of the land, its 
area, character and location, and such other information 
as said forester may require. Upon the filing of such ap- 
plication with the listers,' they shall make an inspection 
of such land to determine whether the same is of a suitable 
character to be so classified. If, upon examination, the 
listers are satisfied that it is suitaljle for the growing of 



2 gee yojume of General Laws, 



STATE FOKESTKY LAWS VERJIONT. 



15 



forest trees, they shall classify such land as forest land and 
set it in the grand list at the valuation fixed at the preced- 
ing quadrennial appraisal.' [L. 1912, act U, sec. 2.| 

(No. 52.) Sec. 728, G. L. From the time of such classi- 
fication and so Ion? as such land is maintained as a wood 
and timber lot, it shall be classified and taxed as pro\ided 
in this and the preceding section. From the time of such 
classification and thereafter until the year nineteen hun- 
dred and fifty, it shall be taxed, under the general tax law, 
at the local rate upon the valuation established at the pre- 
ceding quadrennial appraisal. In the year nineteen hun- 
dred and fifty, a revaluation of both land and timber shall 
be made and such revaluation shall be subject to an annual 
tax under the general tax law at the local rate for a period 
of fifty years from the date of such re\-aluation. [L. 1912, 
act 41, sec. 3.] 

(No. 53.) Sec. 729, G. L. An owner who purposes to 
cut live trees from such land, except for firewood, repairs 
on Ills own buildings or for the domestic use of himself or 
tenant, shall give the listers ' of the town in which such 
land lies at least thirty days' notice prior to the time he 
desires to begin such cutting. After the trees on such 
land are cut and before their remo-val from the land, the 
owner shall make an accurate measurement or count there- 
of and file the same, together with a description of the va- 
riety and value of such trees, in the town clerk's ofi^icc, 
and the listers ' shall forthwith appraise the stumpage 
value of the timber so cut; and before the removal of any of 
such timber, such owner shall pay to the treasurer of the 
town a special tax which is hereby assessed at a tenth of 
one per cent of such valuation for each year that such laud 
has been classified and taxed as provided in the two pre- 
ceding sections, but in no case shall sucli tax exceed seven 
per cent of such valuation. Such tax shall be collected 
as pro\ided in section se\en hundred and twenty-five; 
and if such owner fails to give the notice herein required, 
or fails to pay the tax as required, he shall be liable to 
the penalty proscribed in such section. [J>. 1912, act 41, 
sec. 4. 1 

(No. 54.) Sec. 730, G. L. Whenever in the opinion of 
the listers' the trees growing on such forest land are mature 
or such land ceases to be used as a wood or limber lot to 
an extent entitling the owner thereof to the privileges of 
this chapter, they shall report that fact to the owner or 
manager of the land; and if the owner declines to cut 
such trees, he shall, within three months after receiving 
such report, pay to the town treasurer the amount of tax 
that would be due the town if such trees were (ut as pro- 
\ided in the preceding section: and, on his refusal or neg- 
lect to make such payment, such tax may be recovered by 
the town in an action of tort, on this statute. Thereafter 
the provisions of the four preceding .sections shall no 
longer apply, and the listers ' shall appraise such land in 
the manner provided for the appraisal of other land. [L. 
1912, act 41, sec. 5.) 

(No. 55.) Sec. 731, G. L., am. by L. 1919, art 29, .sec. 3. 
If the listers' and the owner of a wood or timber lot. the 



' See also No. 56, 



classification of whiih has been applied for under the 
fourth and fifth preceding sect'ons. can not agree as to 
such classification, or if after such cla,ssification they can 
not agree as to the inat\irit y of the trees growing thereon or 
the stumpage value thereof when cut, the listers' shall 
make their decision thereon and the owner may appeal 
therefrom in the manner provided for appeals in chapter 
forty-three.2 [L. 1912, act 41, sec. 6. J 

(No. 5(j.) Sec 4,' act 29, L. 1919. ]''or the purpose of 
this act annual appraisals in unorganized towns and gores 
.shall be considisred quadrennial appraisals and the 
board of appraisers for such unorganized t.,wns and gores 
shall have the same duties and powers as listers; and ap- 
peals shall be from their decisions under this act as from 
the decision of a board of civil authority of a town. 

(No. 57.) Sec. 5, act '29, L. 1919. The chief forester 
shall be a member ex -officio of all boards constituted by 
the commissioner of taxes for the pur]:ose of hearing ap- 
peals vinder this act. 

(No. 58.) Sec. 6, act 29, L. 19)9. The commissioner of 
taxes shall forthwith ajipoint a board of appeal as herein- 
before constituted which shall hear all appeals in matters 
relating to the classification of forest lands as provided in 
sections 723, 724 and 731 of the General Laws, which are 
pending at the passage of this act. 

(No. 59.) Sec. 1403, (i. L. The state school of agriculture 
at Randolph and the Thecxlore N. Vail agricultural school 
and farms at Lyndon shall constitute the special agricul- 
tiu'al schools of the state for the purpose of developing the 
agricultural resources of the state through practical in- 
struction in agriculture, including * * * forestry, 
* * *. [L. 1915, act 7G, sees. 1, 2, 3.J 

(No. 60.) Sec. 1438, G. L. Twenty-four thousand 
dollars of the moneys annually available for the use of 
Middlebury College shall be expended annually in * * *, 
and in pro^■iding instruction in I'orestry and * * *. [L. 
1910, act 75, sec. 3.] 

(No. 61.) Sec. 5254, G. L. An engineer, fireman or 
other agent of a railroad who is guilty of negligence or care- 
lessness, whereby an injury is done to a person or corpora- 
tion, shall be imprisoned not more than one year or fined 
not more than one thousand dollars. This section shall 
not exempt a person or corporation from an action for 
damages. [* * *; L. 1849, act 41, sec. 60.] 

(No. 62.) Sec. 5255, G. L. When the property or 
person of another is injured through the default of a person 
or corporation owning or operating a railroad, or the agents 
or employees thereof, the cars, engines and other property, 
which, at the time of such injury, are subject to use in the 
running and management of such road, and which have, 
at any lime, been owned by said person or corporation, 
shall be held to bo the property of the person or corpora- 
tion, for the purpose of furnishing indemnity for such 
injury, and may be attached and levied upon as such at 
the action of the party injured. [* * *; L. 1855, act 26.] 

2 Sec volume of General Laws. 

' The preceding sections of this act amended sees. 723, 724, 731, G. L„ 
to read, respectively, as they arc shown above, on pp. 14, 15. 



16 



STATE FORESTRY LAWS VERMONT. 



(No. 63.) Sec. 5256, G. L. A person or corporation 
owning or operating a railroad shall be responsible in 
damages for injury to a building or other property caused 
by fire communicated by a locomotive engine on such road, 
unless due caution and diligence are used and suitable 
expedients employed to prevent such injury. Said person 
or corporation shall have an insurable interest in the prop- 
erty along its route, and may procure insurance thereon. 
[* * *, L. 1849, act 41, sees. 61, 62.] 

(No. 64.) Sec.' 6359, G. L. Said wardens fcounty, fish 
and game wardens, and deputy fish and game wardens] shall 
enforce all provisions of this title [ Title 38. Preservation of 
Fish, Game and Fur-Bearing Animals], and all orders and 
regulations issued thereunder, and arrest all ■violators 
thereof. They shall have power, in matters pertaining 
to this title, to serve criminal process, and power to re- 
quire aid in enforcing the duties of their office. They 
shall have the same powers as other informing officers to 
make and subscribe to complaints or informations for vio- 
lation.s of provdsions of this title. * * * Said wardens 
shall, wlule in and about the woods, caution persons of the 
danger of fires in the woods, and shall extinguish a fire 
left burning, if within their power. In case of such a fire 
which is threatening to extend beyond their control, 
said wardens shall notify all parties interested, when 
possible, and the forest firewarden of the town in which 
such fire occurs. Pending the arrival of such firewarden, 
they shall have all the powers of such firewarden.s. Said 
fish and game wardens shall render a statement accom- 
panied by proper vouchers, for time consumed and the 
expense incurred in respect to such fires, to the treas 
urer of the town in which the fire occurs, who shall arrange 
for payment therefor in the manner provided for ^he 
payment of forest firewardens. [* * *; L. 1910, act 183, 
sec. 2.] 

(No. 65.) Sec. 6432, G. L. Whenever, during an open 
season f . r the taking of game, it appears to the governor 
that, by reasjn of drouth, the use of firearms in forests is 
liable to cause forest fire, he may, by proclamation, sus- 
pend stich open season and make it a cljse season for such 
time as he may designate. In such proclamation, he may 
except from the provisions thereof localities not affected 
by drouth. If, during such period of suspension, it appears 
to the governor that the necessity theref-.r has ceased to 
exist, he may, by proclamation, reopen the season so 
closed;* * * [* * *; L. 1908; act 13, sec. 1.] 

(No. 66.) Sec. 6433, G. L. During the time which 
shall be made a close season as pro\dded in the pre- 
ceding section, the several provisions of law relating to 
close seasons shall be in force, and a persoti who violates a 
provision thereof shall be subject to the penalties therein 
provided. * * * [* * *; L. 1908, act 13, sec. 2.] 

(No. 67.) Sec. 6434, G. L. Proclamations made imder 
the pro\'isions of the second preceding sections shall be 
published in such newspapers of the state and posted in 
stich places and in such manner as the governor may 
order in writing. A copy of such pulilication and order, 
attested Isy the secretary of civil and military affairs, 



shall be filed with the secretary of state and a like copy 
shall be furnished to the state fish and game commissioner, 
who shall attend to the publication and posting thereof. 
The expenses of such publication and posting shall be paid 
by said commissioner and allowed liy the auditor of 
accounts. [* * *; L. 1908, act 13, sec. 3.] 

(No. 68.) Sec. 6664, G. L. Nothing in this chapter 
[chapter 2S6 — Mines and Quarries upon Public Lands '] shall 
authorize a person working a mine or quarry upon such 
lands [public lands belonging to the people of the State, or 
lands beneath public waters], to cut or destroy any timber 
whatever, except such trees as it may be actually neces- 
sary to remove in order to uncover or make a road to such 
mine or quarry. For all trees which are cut, the party 
operating such mine or quarry shall pay into the state 
treasury, as soon as the amount thereof is determined, 
such sum as the state forester, in writing filed with the 
secretary of state, declares to be the value of such trees. 
Such value in the case of merchantable timber shall, in 
no instance, be less than five dollars per thousand. [L. 
1910, act 171, sec. 4.] 

(No. 69.) Sec. 6667, G. L. The provisions of this chap- 
ter [Chapter 2S6 — Mines and Quarries upon Public Lands'] 
shall not be construed so as to apply to state forests. The 
commissioner of agriculture is hereby authorized to lease 
or sell, upon the approval of the auditor of accounts, such 
mine or quarry sites as may at any time be discovered upon 
any of the state forests unconditionally owned by the 
state. All money received by the state under the provis- 
ions of this chapter shall be used, at the discretion of said 
commissioner, in the furtherance of the forestry interests 
of the state. [L. 1917, act 17, sec. 15; L. 1915, act 22, 
sec. 1.] 

(No. 70.) Sec. 6856, G. L. A person who willfully and 
maliciously sets on fire, or causes to be set on fire, woods or 
forest, so as to occasion injury to another person, shall be 
imprisoned in the state prison not more than five years or 
lined not more than five hundred dollars. [* * *; L. 
1787, p. 161.] 

(No. 71.) Sec. 6857, G. L. A person who enters upon 
lands of another and sets a fire that causes damage, may be 
imprisoned not more than sixty days nor less than thirty 
days or fined not more than one hundred dollars nor less 
than ten dollars. The provisions of this section shall not 
affect the provisions of the preceding section. * * * 
[* * *; L. 1908, act 166.J 

(No. 72.) Sec. 7104, G. L. A state, county, town, village 
fire district or school district officer who wlfully neglects 
to perform the duties imposed upon him by law, either 
express or implied, shall be imprisoned not more than one 
year or fined not more than one thousand dollars, or both. 
[* * *: L. 1906, act 190, sec. 1.] 

(No. 73.) Sec. 7105, G. L. When a duty, express or 
implied, is imposed by law upon a board or commission. 



1 Chapter 280 cnntrcls the operaticn of mines and quarries upcn public 
lands of the State; the revenues frrm which cnsist cf royalties and the 
sale of timber therefrtm. (See also, in volume cf General Laws, Seep. 
(i001-06b3, (,6b5,(i606,| 



STATE FORESTRY LAWS VERJIOXT. 



any member thereof may, for any wilful neglect of such 
duty on his part, be accused, tried and punished separately 
as proNdded in the preceding section. [* * *; L. 190G, 
act 190, sec. 2.] 

(No. 74.) Sec. 7106, G. L. The two preceding sections 
shall not be construed as affecting any statute p^o^■iding a 
punishment for any specific neglect or omission of duty 
on the part of any public officer, nor as covering the offenses 
penalized by such special provisions of law, nor as affect- 
ing any offense committed or prosecution begun before the 
first day of Feliruary, nineteen hundred and seven, under 
any other statute or the common law. [* * *; L. 1906, 
act 190, sec. 3.] 

(No. 75.) Sec. 7340, G. L. The member of the board 
of control appointed l)y the governor shall receive eight 
.dollars a day for services rendered, and he shall be paid 
his necessary expenses when away from home on official 
business. * * * [L. 1917, act 32, sec. 1.] 



(No. 76.) Sec. 7352, G. L. The annual salary of the 
commissioner of agriculture shall be three thousand dol- 
lars and he shall be paid his necessary expenses when away 
from home in connection with his duties as commissioner 
of agriculture, nursery inspector, * * * state forester and 
* * * [L. 1908, act 11, sec. 6; L. 1917, act 17, ssc. 18.] 

(No. 77.) Sec. 7394, G. L. The * ♦ « commissioner 
of agriculture, * * * state forester, * * * in ad- 
dition to those officers the payment of whose expenses is 
otherwise provided for by law, shall he supplied with 
office supplies and stationery necessary for official use; and 
payment of postage, freight, telephone, telegraph and ex- 
press charges necessarily made in connection with their 
official duties shall be allowed in the settlement of their 
accounts. » * * but the provisions of this sef-tion 
shall not be interpreted to increase the appropriation made 
for the support of any office or department of government 
herein mentioned. ***[** *; L. 1912. act247. seel.] 



o 



Date of issue, January 15, 1921. 



United States Department of Agriculture 
FOREST SERVICE 

WILLIAM B. GREELEY, Forester 



STATE FORESTRY LAWS' 

INTRODUCED BY CLASSIFIED SYNOPSES 

CALIFORNIA 

(SERIAL 1— THROUGH REG. SESS., 1919.) 

Compiled by Jeannie S. Peyton, under the direction of Lours S. Murphy, Forest Examiner, Eastern Division, 

Brancli of Forest Management. 



CONTENTS. 



Purpose of compilation 

Synopsis of laws 

General forestry organization and activities 

State board of forestry 

State forester 

Deputy State forester and assistant State forester 

State board of control 

State forest nursery 

Cooperation 

Investigation and education 

Publications 

Income from sources otber than annual or biennial appro- 
priations 

Fire organization and activities 

State protective organization 

State board of forestry 

State forester 

Deputy State forester and assistant Stale forester 

District fire rangers 

Fire wardens 

National forest officers (supervisors and rangers witliin 

the State) 

Patrolmen 

Special fire rangers 

Justices of the peace, constables, and road overseers. . 
Fire-fighting laborers 



Synopsis of laws— Continued. ] 

Fire organization and activities— Continued. 
State protective organization— Continued. 

State board of control 

Cooperation 

Distribution of costs of liie protection 

Local protective organization 

Tamalpais forest flre district 

Various restricted areas in California 

Compulsory responsibility imposed upon landowners and 

others for protection of forest lands 

Public nuisance 

Brush and slash disposal 

Kindling fires in the open 

Locomotive and other engines 

Landowners' responsibilities 

Fire and other warning notices 

Public forests 

State forests 

Legal procedure 

Criminal liability 

Civil liability 

Institution of proceedings 

Disposition of penalties 

Taxation 

Text of laws 

Explanatory notes 



22 



1 The State Forestry Laws leaflets which have been already published are as follows: No. 1, Wisconsin; No. 2, Louisiana; No. 3, North Carolina; 
No. 4, Maryland; No. 5, Missouri; No. 6, Texas; No. 7, Virginia; No. 8, Idaho; No. 9, Oregon; No. 10, Wyoming; No. 11, New Jersey (supply 
e.xliausted); No. 12, (Vashington; No. 13, Indiana; No. 14, Minnesota; No. 15, Montana; No. 16, Illinois; No. 17, Ohio; No. IS, Connecticut; No. 19, 
Massacluisetts; No. 20, New Hampshire; No. 21, Colorado; No. 22, West Virginia; No. 23, New York; No. 24, Vermont. Requests for leaflets 
should always identify tlic particular ones desired by giving their respective numbers, as here indicated, in addition to mentioning the names ol 
the States. The laws of other States, so far as they have been compiled, are available only for loan, through the Forest Service Library, Wash- 
ington, D.C. 

Whenever this leaflet or any othcrcomprising a part of this compilation of State Forestry Laws is reprinted for local use, please append thereto 

the following; Note.— This arrangement of the Forestry Laws of is reprinted from State Forestry Laws, compiled and issued in 

leaflet form by the Forest Service, U. S. Department of Agriculture. Similar leaflets for other States, so far as available, and information con - 
cernlng forestry lawsgenerally will be furnished upon request addressed to The Forester, Forest Service, Washington, D. C. 
11974-21 1 



STATE FORESTRY LAWS CALIFORNIA. 



^i^i^ 



PURPOSE OF COMPILATION. 

The compilation of State Forestry Laws, of wliich this leaflet is a part, aims to meet a 
manifest need of the times for a work of reference by means of which the basic legislation under- 
lying forestry administration in the several States, and the various activities thereunder, may 
readily be studied and compared. To facihtate this purpose of comparing the legislation of 
one State with another, the Synopses introducing the laws in the several leaflets are classified 
and arranged to take up in a definite order the various subjects usually covered in such 
legislation. To further extend tliis educational purpose, only such of the State laws as bear 
more or less directly upon the practice of forestry are here compiled, to the exclusion of all 
other timber and tree laws, all forest-insect and fungus-control laws, except general provisions, 
and all transitory provisions of law, including those concerning annual or biennial appropri- 
ations. For the same reason, those finer points of reference proper only to a legal or adminis- 
trative manual have also been omitted. Succeeding issues of each State leaflet, to form a sepa- 
rate series for each State, will serve to keep these fundamental laws up to date and free from 
encumbrance by obsolete provisions. 



SYNOPSIS OF LAWS. 



GENERAL FORESTRY ORGANIZATION AND ACTIVITIES. 



Slate Board of Forestry. 

Is appointed by the governor, and consists of the State 
forester, who is a technically trained forester (No. 2), 
and four additional members, one of whom is familiar 
with the timlier industry, one -ivith the live stock industry, 
one with the grain and hay industry, and one who is a 
member at large; none of whom receives compensation, 
except the State forester, but each is reimbursed for actual 
traveling expenses. No. 1. {See also note 1, on p. 22.) 

Prescribes rules and regulations for its government. 
No. 1. 

Meets at such times and places as it sees fit. No. 1 . 

Supervises and directs all matters of State forest policy, 
management and protection. No. L 

Directs disposal of the forestry fund for purposes of forest 
protection, management and replacement. No. 20. 

State Forester. 

Is a technically trained forester, certified to by either the 
Secretary of the United States Department of Agriculture 
or the Department of Forestry of the State University, and 
is appointed by the governor. No. 2. 

Holds ofiBce at the pleasure of the go^'ernor. No. 2. 

Receives a salary of $3,000 per aimum. No. 22. 

Is paid traveling and field expenses. No. 2. 

Maintains headquarters at the State capitol. No. 2. 

Is a member of and acts as secretary to, and executive 
officer of, the State board of forestry. No. 2. 



Appoints the deputy and assistant foresters, and assigns 
them duties, under approval of the board. No. 22. 

Manages the State forest nursery; and purchases and dis- 
tributes, at cost, nursery stock and seed, for public plant- 
ing and reforestation. Nos. 23; 24. 

Cooperates: 

With counties and municipalities, under approval of 
the State board of control {see note 2, par. 4, on p. 22) 
whenever they appropriate for the protection and 
forest management of any lands over which they have 
jurisdiction, or for reforestation or afforestation on 
lands therein, under agreements, based on such 
terms as the State forester may deem ad\isable. No. 
39 (6). 

With counties, towns, corporations, and individuals, 
without approval of the board of control {see note 2, 
par. 4, on p. 22), in preparing plans for the protection, 
management and replacement of trees, woodlots, and 
timber tracts, under agreement that the parties assisted 
pay at least the field expenses of the men who prepare 
the plans. No. 4. 

Publishes and distributes: 
Forestry data. No. 2. 

Abstracts of State fore.st laws with rules and regula- 
tions and list of firewardens, under approval of the 
State board of forestry. No. 5. 

Furnishes to firewardens notices for posting, calling atten- 
tion to forest trespass and fire laws, and their penalties. 
No. 5. 

Makes report and recommendations, annually. No. 2. 



LIBRARY OF /CONGRESS 



STATE FORESTRY LAWS CALIFORNIA. 



Deputy State Forester and Assistant State Forester. 

Are appointed by the State forester, at the respective 
salaries of $2,400 and .$1,G00. No. 22. 

deceive traveling and field expenees. No. 2. 

Act under direction of the State forester. No. 7. 

Deputy forester also exercises powers and duties of the 
State forester when necessarj*. No. 22. 

State Board of Control. {See note 12, on p. 23.) 
.\ppro\es cooperative agreements by the State forcsl(M 
with counties and municipalities concerning fore.station, 
reforestation, protection, and general forest management. 
.\"o. 39 (;-). 

State Forest Nursery. 

Sjipplies nursery stock for reforesting p\iblic lands, jilant- 
ing of trees along public streets and highways, and the 
beautifj-ing of parks and school grounds. No. 23. 

Is located upon State land. Nos. 23; 25. 

Is managed by the State forester. Nos. 23; 24. 

Has the benefit of a continuing appropriation of .$14,000, 
until expended. No. 26. 

Cooperation. 

Is authorized: 

With counties and municipalities, under approval of 
the State board of control {see note 2, par. 4, on p. 22) 
whenever they appropriate for the protection and 
forest management of any lands over which they have 
jurisdiction, or for reforestation or afforestation on 
lands therein, under agreements, based on such terms 
as the State forester may deem ad\Tsable. No. 39 (6). 

With counties, towns, corporations, and individuals, 
without approval of the board of control {see note 2, 



par. 4, on p. 22) in preparing plans for the protection, 
management, and replacement of trees, woodlots, and 
timber tracts, under agreement that the parties assisted 
pay at least the field expenses of the men who prepare 
the plans. No. 4. 

Note. — County boards of supervisons are empowered 
to make appropriations for the purpose of aiding the 
State and Federal authorities in forestry work. Nos. 
21; 56- 

Investigation and Education. 

Are promoted by the collection and publication of forestry 
data. Nos. 2; 5. 

Publications. 

Are issued by the State forester in the form: 

Of ipdividual publications furnishing such informa- 
tion concerning forestry as he may deem advisable. 
No. 2. 

Of annual reports to the governor, on the progress and 
condition of State forest work, recommending plans 
for impro^^ng the State system of forest protection, 
management, and replacement. No. 2. 
Of an abstract of State forest laws with rules and 
regulations, and list of fire wardens, under approval 
of the board. No. 5. 
Of fire and other warning notices. No. 5. 

Income from Sources Other Than Annual or Biennial 

Appropriations. {See note 4, on p. 22.) 

Is derived from: 

The forestry fund (created by moneys received as 

penalties under ch. 264, L. 1905). No. 20. 

A continuing appropriation of $14,000 for State forest 

nurser\- work, until expended. No. 26. 

A continuing appropriation of $25,000 for forest fire 

prevention and suppression, until expended. No. 47. 



FIRE ORGANIZATION AND ACTIVITIES. 



STATE PROTECTIVE ORGANIZ.\TION. 

State Board of Forestry. 

Organizes and directs operation of the fire-protectivi 
system, by and through the State forester, as follows: 

Makes and enforces rules and regulations therefoi 

No. 38. 

Divides the State into the necessary number of fire 

districts. No. 38. 

Appoints district fire rangers. No. 38. 

Provides necessary implements and apparatus for fire 

prevention and fire fighting. No. 38. 

Organizes fire companies. No. 38. 

Establishes obsers'ation stations in fire districts, and 

employs attendants. No. 38. 

Constnicts and maintains telephone lines and provides 

other needed means of communication. No. 38. 



Approves: • 

Rules by the State forester for the deputy forester 
and assistant forester. No. 7. 

Abstract of State forest laws, and list of firewardens 
published by the State forester. No. 5. 

Prescribes rules and regulations for burning brush, slash, 
stumps, grass, etc., on lands other than lands within mu- 
nicipalities. No. 57 (3), (7). 

Abates public nuisances resulting from failure of owners to 
properly protect forest land. No. 19. 

State Forester. 

Takes required action, under supervision of the board, to 
prevent and extinguish forest, brush, and grass fires. 
No. 2. 



STATE FOEESTRY LAWS — CALIFORNIA. 



Organizes and directs operation of the fire-protective 
system, and enforces the rules and regulations of the board. 
Nos. 38-44. {See also No. 57, {3), (7), concerning regula- 
tions governing fires in the open.) 

Divides the State into the necessary number of fire dis- 
tricts, Nos. 6; 38 (h); and appoints a district fire ranger 
for each district. No. 38 (c). 

Creates a separate fire district, consisting of any county or 
combination of less than four counties, upon request 
therefor from the county board or boards of supervisors, 
and on the condition that such special fire district shall 
pay the cost of maintaining its district firewardens. No. 6. 
(See also note 2, par. 4, on p. 22.) 

Appoints, as voluntary firewardens, in such number and 
localities as he deems advisaljle, public-spirited citizens, 
and also the supervisors and rangers on the National 
Forests within the State, whenever they formally accept 
the duties and responsibilities of the position. No. 8. 

Investigates and prosecutes paid firewardens when they 
fail to perform their duties. No. 9. 

Establishes a fire patrol: 

Upon his own initiative, thi'ough the firewardens and 
at the expense of the county, in times of particular 
fire danger, and at such places in brush or forest land 
as the public interest may require. No. 11. 

Upon written request by counties, corporations, or 
individuals, on their forest lands, and at their expense. 
No. 11. 

Designates privately maintained patrolmen as special fire 
rangers, with all the rights and powers of district fire 
rangers. No. 40; and "District Fire Rangers," on p. 5. 

Provides necessary implements and apparatus for fire pre- 
vention and fire fighting. No. 38. 

Organizes fire companies. No. 38. 

Establishes observation stations in fire districts, and em- 
ploys attendants. No. 38. 

Constructs and maintains telephone lines and provides 
other needed means of communication. No. 38. 

Takes required action to abate public nuisances caused bj 
failure of owners to adequately protect forest lands. No. 
19. 

Impresses assistance for fire fighting, and axithorizes dis- 
trict fire rangers, special fire rangers, and voluntary fire- 
wardens to take such action. No. 41. 

Sets backfires, without permission from the owner, on 
lands other than those within any municipal corporation. 
No. 57 (1), (7). {See also Nos. U; 16.) 

Enforces laws pertaining to forest and brush-covered lands, 
and prosecutes violators thereof. No. 2. 

Has powers of a peace officer to make arrests without 
warrant for violations of any State or Federal forest laws 



under the provisions in section 9, chapter 264, Laws 1905 
(No. 9); and has the same powers under section 5, chapter 
176, Laws 1919, for violations of any State, county, or 
Federal fire laws. No. 42. {See also note 2, par. S, on. p. 22.) 

Is not liable to civil action for trespass committed in the 
discharge of his duties. No. 42. 

Requests action against district attorneys who fail to 
prosecute offenders for violation of the provisions in 
chapter 264, Laws 1905. No. 12. 

Cooperates in fire protection operations: 
Upon a basis of mutual expenditures — 
With the Federal Government. Nos. 39 {a); 47. 

With counties and municipalities, whenever they 
appropriate for such work on any lands therein, or 
over which they have jurisdiction. Nos. 39 (6); 47. 

With persons, firms, associations, and corporations. 
Nos. 39(c); 47. 

With owners of land, or any organization, when they 
maintain, under cooperative agreements, a forest 
fire patrol designated by the State forester as special 
forest ranger. Nos. 40; 39; 47. 

With various agencies for work in certain limited 
areas upon condition of advance deposits by the col- 
laborating parties. Nos. 48; 49; 50; 51. 

Note. — Cooperation in all of the above cases is 
required to be under approval of the State board of 
control, as shown in the note under the heading, 
"Cooperation," on p. 7. 

Without cost to the State — 

With counties, by creatiug a separate fire district 
consisting of any county or combination of less than 
four counties, upon request therefor from the county 
or counties, and on condition that such special fire 
district shall pay the cost of maintaining its district 
firewardens. No. 6. {See also note 2, par. 4, on p. 22.) 

With counties and private agencies by the appoint- 
ment of citizens to act as voluntary firewardens under 
his direction, and to receive payment for their serv- 
ices from such counties or private sources. No. 8. 
{See also note. 2, par. 4, on p. 22.) 

With counties, corporations, and individuals, by 
establishing a fire patrol on their forest lands, upon 
their request, and at their expense. No. 11. {See also 
note 'J, par. -j, on p. 22.) 

With counties, towns, corporations, and individuals 
in preparing plans for the protection of trees, woodlots, 
and timber tracts at their cost as regards, at least, field 
expenses. No. 4. {See also note'J, par. 4, on p. 22.) 

With owners of land, or any organization, when they 
maintain, wholly at their expense, a forest fire patrol- 
man, designated by the State forester as special fire 
ranger. No. 40. 



STATE FORESTRY LAWS — CALIFORNIA. 



J''iirnislies forest fire notices, and notices of forest fire and 
trespass laws. No. 5. 

Pnblislies and distributes abstract of State forest laws 
with rules and regtilations and list of firewardens, under 
ai)proval of the State board of forestry. No. 5. 

Deputy State Forester and Assistant' State Forester. 

Act under direction of the State forester. No. 7. 

Take prompt measures to prevent and extinguish forest 
fires, and keep records thereof. No. 7. 

Impress assistance for fire fighting; and authorize district 
fire rangers, special fire rangers, and vohintary fire- 
wardens to take such action. No. 41. 

Set backfires, without permission from the owner, on 
lands other tlian lands witliin any municipal corporation. 
Nos. 57 (1), (7); 14; 16. 

Perform such other duties as may be directed by the 
State forester. No. 7. 

Have powers of peace officers to make arrests for violation 
of any State, county, or Federal fire laws. No. 42. (See 
also note 2, par. 3, on p. 22.) 

.\re not liable to civil action for trespass committed in the 
discharge of their duties. No. 42. 

Deputy forester also exercises powers and duties of the 
State forester when necessary. No. 22. 

District Fire Rangers. 

Are appointed by the board, one for each fire district, to 
serve during the seasons when fires are liable to occur. 
No. 38. 

Receive a salary of not to exceed .?1.50 per month, and nec- 
essary expenses. No. 38. 

Have charge, under direction of the State forester, of the 
fire-fighting sei-vice and men in their respective districts. 
No. 38. 

Prevent and extinguish forest fires in their respective 
districts, and perform such other duties as may bo required 
by the State forester. No. 38. 

Impress assistance for fire fighting, under authority from 
the State forester, deputy or assistant State forester. 
No. 41. 

Set backfires, without permission from the owner, on 
lands other than lands within any municipal corporation. 
No. 57 (1), (7.) {See also Nos. 14; 16.) 

Have powers of peace officers to arrest, without warrant, 
\-iolators of State, county, pr Federal fire laws. No. 42. 
{See also note 2, par. .3, on p. 22.) 

Are not liable to civil action for trespass committed in 
the discharge of their duties. No. 42. 



Firewardens. 

Voluntary firewardens — 

Are appointed by the State forester. No. 8. 

Receive compensation from counties or private sources. 
No. 8. 

Are under the immediate dirctrtion of the several district 
fire rangers. No. 38 («■). 

Take prompt action to extinguish fires. Xo. 8. 

Have authority under the law to call upon citizens, 
between ages of 10 and 50 years, to assist in extinguish- 
ing fires {see note 2, par. 1, on p. 22). No. 10; and are 
also aiithorized by the State forester, and the deputy and 
assistiint State foresters to impn^ss ;i.ssistance for such 
purpose. No. 41. 

Sot backfires, wdthout permission from the owner, on 
lands other than those within any municipal corporation. 
No. .57 (1), (7). {See also Nos. 14: 16.) 

Serve as fire patrol under direction of the State forester. 
No. 11. 

Report all fires, and violations of forest laws, and assist 
in apprehending and convicting offenders. Nos. 8; 9. 

Ha^'c powers of peace officers to make arrests without 
warrant for violations of any State or Federal forest laws 
under the proN^isions in section 9, chapter 264, Laws of 
1905. No. 9. {See also note 2, par. .1, on p. 22.) 

Are not liable to ci\dl action for trespass committed in the 
discharge of their duties. No. 9. 

Issue permits for burning brush, slash, etc.. or for blasting 
or setting off fireworks, on lands other than lands within 
nuinicipalities. No. 57 (3), (7). {See also Nos. 16; IS; 
and note 11, on p. 23.) 

Serve notices under brush and slash disposal require- 
ments. No. 19. 

Post forest-fire notices, and notices of forest-fire and tres- 
pass laws. No. 5. 

Perform such other duties as the State forester may direct. 
No. 8. 

Are subject, when serving as paid firewardens, to criminu 
prosecution for failure to perform duties prescribed in 
chapter 264, Laws 1905, and to a fine of not less than §20, 
nor more than $250, or imprisonment for not less than 10 
days nor more than three months, or both such fine and 
imprisonment (No. 9); which fines go into the State treas- 
ury to the credit of the forestry fund. No. 20. 
District firewardens — 

Note. — No provision concerning authority or duties 
of such officers appears to have been made otlier than 
that "such special district [a district treated upon re- 
quest of a county or a combination of less than four 
counties] shall pay the cost of maintaining its district 
fire wardens." No. 6. 



STATE FORESTRY LAWS — CALIFORNIA. 



Deputy fireuardeiis and special Jimvmdens — 

Note. — Km provision concerning the authority or 
duties of such ofiiccrs appears to liave been made other 
than that the service of notices under the brush and 
slash dispos''.! requirements may be made by "any 
firewarden, dcputv firewarden or special firewarden." 
No. 19. 

National Forest Officers (Supervisors and Rangers 
within the State). 

Are given State jiolicc powers thi'ougli appointment as 
voluntary firewardens by the State forester; and, as such 
have all the powers given to firewardens by the act con- 
tained in chajiter 264, Laws 1905. No. 8. 

Patrolmen. 

Are firewardens, selected by the State forester to do patrol 
duty, in tunes and localities of particular fire danger, at 
the expense of th.e county. No. 11. 

Are also assigned for such duty by the State forester, upon 
receipt of written request from counties, corporations, or 
individuals, for patrol on their forest land, at their expense. 
No. 11. 

May be designated special fire rangers, by the State fores- 
ter, when maintained by landowners or organizations, and 
be given the rights and powers of district fire rangers as 
regards their patrol areas and adjacent lands; and, as such, 
they are paid either wholly by such owners or organiza- 
tions, or under cooperative agreements between such 
parties and the State forester. No. 40; and "District Fire 
ers," on p. 5. 



Special Fire Rangers. 

Patrolmen may be so designated by the State forester when 
privately maintained, by owners of lands, or any organiza- 
tion, as fire patrolmen. No. 40. 

Are given all the rights and powera of district fire rangers 
as regards their patrol areas and adjacent. lands. No. 40; 
and "District Fire Rangers," on p. 5. 

Are paid either wholly by the parties emplojing them, or 
under cooperative agreement between such parties and the 
State forester. No. 40. 

Justices of the Peace, Constables, and Road Overseers. 

Order citizens to assist in extinguishing fires. No. 55. 

Set backfires, without permission from the owner, on 
lands other than those within any municipal corporation. 
No. 57 (1), (7). {See also Nos. U; 16.) 

Fire-Fighting Laborers. 

Are impressed : 

By the State forester, and deputy and assistant State 
foresters, and also by district fire rangers, special fire 
rangers and voluntary firewardens, under authority 
from said administrative officers; subject, in case of 
failure to comply with summons, to a penalty of a fine 



of not less than S.50, nor more than f500, and, in event 
of refusal to pay such fine, imprisonment in the county 
jail for a period of not to exceed one day for every $2 
of the fine imposed, or to both such fine and imprison- 
ment. Nos. 41 ; 44. 

By firewardens, in the exercise of their a\ithority as 
such oIKcors; in which event, refusal to comply with 
such summons, without good and sufficient reasons, 
subjects the offender to a fine of not less than $10, nor 
more than $500, or imprisonment in the county jail 
for not less than 15 days, nor more than (j months, cr 
to both such fine and imprisonment. {See note 2, 
par. 1, on p. Z2.) Nos. 10; 57, penalty clause, (5). 
{See also note 6 on p. 22.) 

By justices of the peace, constables, and road o\ci 
seers. No. 55. {See also note 6 on p. 22.) 

Receive compensation at the rate of 25 cents per hour ( l 
service actually rendered, in response to summons from 
the State forester, or deputy or assistant State forester, 
or from a district fire ranger, special fire ranger, or volun- 
tary firewarden, under authority from an / one of said 
administrative officers. No. 41. (Sec also note ii on 
p. 22.) 

Set backfires, without permission from Ihe owner, ou 
lands other than thosa witliin any muni'-iji.il cori)oration . 
No. 57 (1), (7)'. {See also Nos. U; 16.) 

State Board of Control. {See note 12, on p. 23.) 
Approves cooperative atcroements by the Stxte forester for 
forest fire protection work, under certain conditions, and 
also makes contracts direct for such work, in various 
localities, ns shown under the heading, "Cooperation." 
{See immediately below.) 

Cooperation. 

Is authorized: 

By the State forester. 

Upon a basis of mutual expenditures — 
With the Federal Government for maintaining a 
patrol system for the prevention and suppression of fires 
upon timber, brush, grass, or other lands containing 
inflammable material. Nos. 39 (a); 47. 

With counties and municipalities whenever they ap- 
propriate for the prevention or suppression of forest 
fires on any lands therein or over which they have 
jurisdiction. Nos. 39 (6); 47. 

With persons, firms, associations, and corporations, 
owning or controlling forest, brush, grass, or grain 
lands, for the prevention and suppression of forest 
fij-es. Nos. 39 (c); 47. . 

With owners of lauds, or any organization, when they 
maintain, under agreenrent, a forest fire patrol, desig- 
nated by the State forester as special fire ranger. 
Nos. 40; "39; 47. 



STATE FORESTRY LAWS — CALIFORNIA. 



With the San Dimas Fruit Exchange, the county o( 
Los Angeles, or any individual or corporation, or any 
or all of them, for prevention and extinguishment 
of forest fires, and constructing and maintaining fire 
trails and fire breaks in the San Diraas Canyon in the 
San Gabriel Moiuitains, ("alif., and adjacent canyons. 
Nos. 48; 49. 

With tlic Azus-.i and ('i.vina Irrig-ation conipanics, 
•the county of L>os Angeles, or any individual, or 
corporation, or any or all of tlieui, for ]>revention and 
cxtinguisliment of forest fires, and conslrucling and 
maintaining fire trails and fire breaks in the San 
Gabriel Canyon in the San Gabriel Mountains, Calif., 
and the mountains adjacent thereto. Nos. 50; 51. 

NoTK. — Since the coojieration contemplated in all 
of the above cases involves the paying out of money 
by the State for pvirposes other than tlie fixed operat- 
ing charges of the State forester's department, ap- 
proval of the agreements by the State board of con- 
trol is requisite. See also the specific provision 
made to this end in Laws 1919, chapter 176, section 
2 (No. 39), and in Laws 1919, chapter 414 (No. 47). 

Cooperation in all cases under the two last pro- 
A-isions, above (Nos. 48; 49, and 69; 51), is further 
conditioned upon advance deposits, in the State 
treasury by the collaborating parties, of amounts 
equaling the State's contributions. 

ll')//iou( cost to the Stale — 

AVitli counties, by creating a separate fire district 
containing any county or combination of less than 
four counties, upon request therefor from the county 
or counties, and on condition that such special fire 
district shall pay the cost of maintaining its district 
firewardens. No. 6. (Sec also note 2, par. 4, on p. 22.) 

With counties and private agencies by the appoint- 
ment of citizens to act as voluntary fire wardens 
under the direction of the State forester, and to receive 
payment for their services from such counties or 
private sources. Ko. 8. {See also note 2, par. 4, on 
p. 22.) 

With counties, corporations, and individuals, by 
establishing a fire patrol on their forest lands, upon 
their request, and at their expense. No. 11. (See 
also no'.e 2, par. 4, on p. 22.) 

With counties, towns, corporations, and indi\'iduals 
in preparing plans for the protection of trees, woodlots, 
and timber tracts, at their cost as regards at least field 
expenses. No. 4. (See also note 2, par, 4, on p. 22.) 

With owners of lands, or any organization, when they 
maintain, wholly at their own expense, a forest fire 
patrol designated by the State forester as special fire 
ranger. No. 40. (See also note 2, par. 4, on p. 22.) 

By the State board of control (see note 12 on p. 2J). 

With tbe Federal Government, for constructing and 
maintaining fire lanes and fire trails to protect the 
watershed of the San Bernardino Mountains, Calif. 
Nos. 53; 54. 



With the San Antonio Fruit Exchange, in connection 
with the San Antonio Water Co. and the counties of 
San Bernardino and Lf)s Angeles, for preventing forest 
fires, and the construction and maintaining of fire 
trails and fire breaks in the San Antonio Canyon, in 
the San Gabriel Mountains, Calif., and the canyons 
adjacent thereto. Nos. 45; 46. 

With the public corporation known as the Tamalpais 
forest fire district, in Marin ('ounty, for the purpose of 
preventing forest fires and the construction and main- 
tenance of fire trails and fire breaks within that dis- 
trict. No. 52. 

Distribution of Costs of Fire Protection. 

Federal Government pays its proportionate share for i)ro- 
tective operations, under cooperative agreenu^nts with (he 
State. Nos. 39 (o); 47; 53 and 54. 

State pays its proportionate share for protective operations 
under cooperative agreements: 

With the Federal Government. Nos. 39 (a); 47; 53 
and 54. 

With counties, mimicipalities, persons, firms, associa- 
tions, and corporations. Nos. 39 (fc) (c); 47; 45 and 
46; 48 and 49; 50 and 51; 52. 

Municipalities pay a proportionate share for protective 
operations under cooperative agreements with the State. 

Nos. 39 (6); 47. 

Counties pay: 

A proportionate share for protective operations under 
cooperative agi'eements with the State. Nos. 39 (b); 
47; 45 and 46; 48 and 49; 50 and 51. 

The cost of fire patrol maintained by the State forester. 

No. 11. 

Voluntary firewardens for services rendered in their 

interests. No. 8. 

District firewardens of duly constituted special fire 

districts. No. 6. (See also note 2, par. 4, on p. 22.) 

Note. — County boards of supervisors are empow- 
ered to make appropriations, annually, for the purpose 
of protecting the forest, brush, and grass lands within 
their respective counties. Nos. 21; 56. 

Persons, firms, associations, and corporations pay: 

A proportionate share for protective operations, under 
cooperative agreements OTth the State. No. 39 (c); 
47; 45 and 46; 48 and 49; 50 and 51 ; 52. 
The cost of fire patrol established by the State for- 
ester. No. 11. 

Voluntary firewardens for ser\-ices rendered in their 
interest. No. 8. 

Costs incurred by the State in abating public nuisances 
caused by failure on their part to properly clean-up 
forest lands owned by them. No. 19. 



STATE FOJ^ESTRY LAWS CALIFORNIA. 



LOCAL PROTECTIVE ORGANIZATION. 

Tamalpais Forest Fire District. 

Is established in Marin County and boundaries defined. 
No. 27. 

May be enlarge through required action being taken by its 
board of trustees. No. 33. 

May be reduced in area through required acting being 
taken by the board of super\'isors of the county. No. 33. 

May be abolished upon the vote of two-thiids of the 
qualified electors thereof, at an election called either b> 
its board of trustees, or by petition of 25 per cent of the 
registered voters therein. No. 34. 

Is financed by contributions from the State and such of 
its political corporations as may be landholders therein, 
and by a property tax. Nos. 31; 32. 

Is governed by a board of trustees, the members of which 
are appointed: One from the district at large, by the 
county super\'isors, and one from each of the municipal- 
ities in the district, by the governing boards thereof (see 
note 7 on p. 23); and serve terms of two years each without 
compensation, but are allowed traveling expenses (Nos. 
28; 29); which board: 

Provides for meetings and establishes rules for its 
proceedings. No. 29. 

Takes necessary action for prevention and extinguish- 
ment of forest, brush, and grass fires within the 
district. No. 30. 

Purchases supplies and materials and employs such 
labor or skilled service as may be needed therefor. 
No. 30. 

Constructs, maintains, and keeps clear necessary 
fire roads or trails and maintains hydrant or other 
fire-fighting apparatus within or adjacent to the 
district. No. 30. 

Acquires by purchase, condenmation, or otherwise, 
in the name of the district, needed lands, rights of 
way, easements, or property or material. No. 30. 

Makes contracts to indemnify owners for causing in- 
jury to their property; and, generally, to take such fur- 
ther action as may be incident to its powers. No. 30. 

Procures and accepts, annually or otherwise, pro- 
posals as to the amount to be contributed by the 
State and such political corporations as may be inter- 
ested landholders therein, in consideration of the 
payments thereunder binding the board by dii'ect 
contract to take over the supervision and concurrent 
control of the lands held by each, so far as concerns 
fire-protection work. No. 32. (See also note 8 on 



Furnishes annually to the super^dsors and auditor 
of Marin County, an estimate as to the amount of 
money needed for the district during the next fiscal 
year. No. 31. 

Issues warrants for withdrawal, from the county 
treasury, of funds needed for the district. No. 31. 

Takes necessary steps to include additional lands in 
the district upon receipt of a written petition therefor. 
No. 33. 

Calls an election for the purpose of determining the 
advisability of abolishing the district. No. 34. 

Note.— In the event of any portion of the act which 
contains the above provisions (ch. 560, L. 1917) 
being declared unconstitutional, such action would 
not affect the validity of the remaining portions of 
the act. No. 37. 

Various Restricted Areas in California. 

Are protected by either local agencies or the Federal 
government in cooperation with the State, which local- 
ities are as follows : 

The San Antonio Canyon in the San Gabriel Moun- 
tams, Calif., and the canyons adjacent thereto. Nos. 
45; 46. 

The San Dimas Canyon in the San Gabriel Mountaias, 
Calif., and the canyons adjacent thereto. Nos. 48; 49. 
The San Gabriel Canyon, in the San Gabriel Moun- 
tains, Calif., and the mountains adjacent thereto. 
Nos. 50; 51. 

The watershed of the San Bernardino Mountains, in 
California. Nos. 53; 54. 

COMPULSORY RESPONSIBILITY IMPOSED UPON LANDOWN- 
ERS AND OTHERS FOR PROTECTION OF FOREST LANDS. 

Public Nuisance. 

Inadequately protected forest areas which are covered, 
wholly or in part, with inflammable debris, and are so 
located as to endanger life or property, are declared by law 
a public nuisance, and the board is required: 

To notify owners of forest areas of proposed inspection 
thereof to ascertain existing conditions. No. 19. 

To make inspection;, in which the owners are per- 
mitted to participate. No. 19. 

To notify owners to abate nuisances. No. 19. 

To take required action to abate the same, in event 
of failure of owner to do so. No. 19. 

To file claim for reimbursement of the State for all 
costs incurred in abating nuisances; which costs con- 
stitute a lien on the land, and are recovered through 
enforcement procedure. No. 19. 



STATE FOKESTRY LAWS CALIFORNIA. 



Brush and Slash Disposal. 

Is required to be accompanieil witli proper precautions to 
prevent the escape of tire, whenever it is effected by 
means of burning. Nos. 16; 57, penalty clause (3), (7). 

In compulsory to whatever extent the "Public Nuisance" 
provision (above) is enforced in connection with such 
di^bris. No. 19. 

Kindling Fires in the Open. 

The following act.s are prohibited on lands other than lands 

within any municipal corporation; 

Setting fire to any forest, brush, or other inflammable 
vegetation on lands of another ^^■ithout permission of 
the owner, back-firing e.xcepted. No. 57, penalty 
clause, (1), (7). {See also Nos. 14; IG.) 

Allowing fire to escape from control, or to spread to 
lands of another. No. 57, penalty clause, (2), (7). 
(See also No. l-l.) 

Biu-ning brush, stumps, logs, rubbish, fal'en timbers, 
fallows, grass or stubble, or blasting or setting off 
fireworks, whether on one's own land or that of an- 
other, without taking proper precautions to pre'vent 
the escape of fire. No. 57, penalty clause, (3), (7). 
(See also No. 16.) 

Lea\'ing camp fires burning or allowing them to 
spread. No. 57, penalty clause, (6), (7). (See also 
No. 15.) 

Willful or negligent violation of the above restrictions in 
No. 57 subjects the offender to criminal prosecution, and 
is punishable by a fine of not less than $50, nor more than 
$500, or imprisonment for not less than 15 days, nor more 
than 6 months, or both such fine and imprisonment; all 
of which fines go to the county. No. 57, penalty clause. 

Note. — The above requirements in No. 57 ( Penal 
Code, sec. 384) are, to a certain extent, similar to 
certain of the requirements previously enacted in 
sections 14; 15; 10, chapter 2fi4. Laws 1905 (see jVos. 
14; IS; 16). The attorney general for California is, 
however, of the opinion that the later reenactment 
(Penal Code, sec. 384) does not repeal said earlier 
one, but that, should any cases arise which are not 
covered by both enactments, the one under which 
they fall would be operative and may be applied; 
and that, "In cases to which both enactments might 
equally apply the latter enactment and the penalty 
imposed thereby would, of course, prevail." (See 
note 2, par. 2, on p. 22.) 

Injury or destruction of property through such fires sub- 
jects the offender to civil action also, as follows: 

For double damages when the fires are the result of 
willfulness, malice, or negligence. No. 18. 

For actual injury sustained, determined by the 
value of the property injured, or destroyed, and the 
detriment to the land and vegetation, when tires are 
caused, or escape accidentally. No. 18. 

For costs of fire fighting, in all cases. No. 18. 
11974—21 2 



Locomotive and Other P^ngincs. 

.\re required: 

To use fire-protective devices on smokestacks, ash 
pans, fire boxes, and other parts, when operated 
in or near forest, brush, grass, grain, or atiibble lands, 
other than lands within any municipal corporation, 
and to take all reasonable precautions to prevent 
causing fires. No. 57, penalty clause, (4), (7). (See 
also No. 17.) 

To keep ready for use (when operating on lands other 
than lands within any municipal corporation) on each 
combined harvester, header, or stationary threshing 
machine, or hay press, two suitable chemical fire 
extinguishers, approved by the underwriters' labora- 
tories. No. 57, penalty clause, (4a), (7). (See also 
No. 17.) 

To maintain an effective spark-arresting an<l burning 
carbon-arresting device, attached to the exhaust, on 
all gas tractors, oil-burning engines, gas-propelled 
harvesting machine or auto trucks, when operated or 
moved in or near any grain or .grass lands, other than 
lands ^vithin any municipal corporation. No. 57, 
penalty clause, (4fe), (7). (See also No. 17.) 

Willful or negligent violation of the above requirements 
in No. 57 subjects the offender to criminal prosecution, 
and is punishable by a fine of not less than $ lO, nor more 
than $500, or imprisonment for not loss than 15 days, nor 
more than 6 months, or both sucli line and imprisonment: 
all of wliich fines go to the county. No. 57, penalty 
clause. 

Note. — The above requirements in No. 57 (Penal 
Code, sec. 384) are, to a certain extent, similar to 
certain of the requirements pre^iously enacted in 
section 17, chapter 264, Laws 1905 (see No. 17). The 
attorney general for California is, howe^■e^, of the 
opinion that the later reenactment (by Penal Code, 
sec. 384) does not repeal the earlier one, but that, 
should any cases arise which are not covered by both 
enactments, the one under which they fall would be 
operati\e and may be applied: and that "In cases to 
which both enactments might equally apply the 
latter enactment and the penalty imposed thereby 
Would, of course, ' re vail." (See note 2, par. 2, on 
p. 22.) 

Injury or destruction of property by fires, caused through 
violation of the above requirements, subjects the offender 
to civil action also, as follows: 

For double damages when fires are the result of will- 
fulness, malice, or negligence. No. 18. 

i For actual injury sustained, determined by the value 

I of the property injured or destroyed, and the detri- 

ment to the land and vegetation, when fires are caused, 
i or escape, accidentally. No. 18. 

! For costs of fire fighting in all cases. No. 18. 



10 



STATE FORESTRY LAWS CALIFORNIA. 



LANDOWNERS' RESPONSIBILITIES. 

Require owners: 

To abate, upon receipt of notice from the board, pub- 
lic nuisances caused by failure on their part to prop- 
erly clean up forest areas. {See "Public Nuisance," 
on p. 8.) 

To take proper precautions to prevent the escape of 
fire in burning brush, grass, stumps, logs, etc. {See 
"Kindling Fires in the Open," on p. 9.) 

FIRE AND OTHER WARNING NOTICES. 

Are required: 

To be printed on cloth, in large letters, calling atten- 
tion to the danger from forest fires, and to forest fire 
and trespass laws, and their penalties. No. 5. 



To be furnished by the State forester, and posted by 
the firewardens in conspicuous places along highways 
in brush and forest-covered country, along streams 
and lakes frequented by tourists, hunters, or fisher- 
men, and at camping sites and post offices in the for- 
ested region. No. 5. 

Injury, destruction, or removal thereof subjects the 
offender to criminal prosecution, and is punishable by a 
fine of not less than $15, nor more than $100, or imprison- 
ment for not less than 10 days, nor more than 3 months, 
or by both such fine and imprisonment; all of which fines 
are paid into the State treasury to the credit of the for- 
estry fund. Nos. 13; 20. 



PUBLIC FORESTS. 



STATE FORESTS. 



Are in the charge of the State board of forestry (No. 3); 
and are under the immediate care of the State forester. 



who directs their protection and improvement. No. 2. 
See also No. 20, concerning funds made available for forest 
protection, management, and replacement. 



LEGAL PROCEDURE. 



Criminal Liability. 

Is incurred: 

Through willful or negligent violation of requirements 
in connection with the use of locomotive and other 
engines, in or near any forest, brush, grass, grain, or 
stubble land; and subjects the offender to fine or im- 
prisonment, or both. {See ''Locomotive and Other 
Engines," on p. 9.) 

Through willful or negligent violation of restrictions 
prescribed in connection with kindling fires in the 
open; and subjects the offender to fine or imprison- 
ment, or both, as shown under the heading, "Kindling 
Fires in the Open," oh p. 9. 

Through failure to obey summons to assist in suppres- 
sing forest fires; and subjects the offender to fine or 
imprisonment, or both, as shown under the heading, 
"Fire- Fighting Laborers," on p. 6. 

Through violation of any of the provisions for fire pre- 
vention and suppression in the act contained in 
chapter 176, Laws 1919; and subjects the offender to a 
fine of not less than $50, nor more than $500, and, in 
event of refusal to pay fine, to confinement in the 
county jail for a period not to exceed one day tor every 
$2 of the fine imposed; or to both such fine and im- 
prisonment. No. 44. 

Through failure on the part of any paid firewarden to 
comply with the duties specified in the act contained 
in chapter 264, Laws 1905; and is punishable by a fine 
of not less than $20, nor more than $250, or imprison- 
ment for not less than 10 days nor more than 3 months, 
or botli such fine and imprisonment. No. 9. 

Through failure on the part of any district attorney or 
magistrate to prosecute violators of the act contained 



in chapter 264, Laws 1905; and is punishable by a fine 
of not less than $100, nor more than $1,000. No. 12. 

Through injury or removal of any fire or other warning 
notice; and is punishable by a fine of not less than $15, 
nor more than $100, or imprisonment in the coimty 
jail for not less than 10 days, nor more than 3 
months, or both such fine and imprisonment. No. 13. 

Civil Liability. 

Is incurred : 

Through injury or destruction of property by fires 
resulting from \iolation of requii-ements prescribed 
in connection with the use of locomotive and other 
engines, in or near any forest, brush, grass, grain, or 
stubble land; and subjects the offenders to action, as 
shown under the heading, "Locomotive and Other 
Engines," on p. 9. 

Through violation of restrictions prescribed in connec- 
tion with kindling fires in the open; and subjects the 
offenders to action, as shown under the heading, 
"Kindling Fires in the Open," on p. 9. 

Through failure, on the part of any owner of an inade- 
quately protected forest area constituting a public 
nuisance, to take required action to abate the same; 
and subjects the offender to payment of all costs of 
abatement incurred by the State, and secured through 
a lien on the land, as shown under the heading. 
"Public Nuisance," on p. S. 

la not incurred for trespass committed in the discharge of 
duties by the following officers: State forester, deputy 
and assistant State foresters, district fire rangers, special 
fire rangers and firewardens. Nos. 42; 9, 



STATE FORESTRY LAWS — CALIFORNIA. 



11 



Institution of Proceedings for Violation of Forest and 
Fire Laws. 

State forester is charged with procuring the prosecution of 
violators. Nos. 2; 9; 12. 

Firewardens assist in apprehending and con\'icting 
offenders (Nos. 8; 9); and are themselves, when serving 
as paid firewardens, subject to prosecution, under penalty 
of fine or imprisonment, or both, for failure to perform the 
duties assigned them in chapter 264, Laws 190.5. No. 9. 

State forester and firewardens have powers of peace offi- 
cers to make arrests without warrant for violations of any 
State or Federal forest laws (No. 9); and the State for- 
ester, deputy and assistant State foresters, district fire 



rangers, and special fire rangers have the same powers for 
\'iolations of any State, county, or Federal fire laws. No. 
42. (See also note 2, par. 3, nn p. 22.) 

District attorneys (county), and magistrates are required 
to cause the prosecution of violators with all due diligence, 
under penalty of a fine of not less than $100, nor more than 
$1,000; and the attorney general for the State is required 
to bring the necessary action in such cases, upon request 
of the State forester. No. 12. 

Moneys Received as Penalties in Prosecutions Under 
Chapter 264, Laws 1905. 

Are paid into the State treasury to the credit of the forestry 
fund. No. 20. 



T.'VX.^TION. 

Note. — There are no provisions of law by the State of California for the special classification and taxation of 
forested lands and lands to be forested, with a view to encouraging the practice of forestry by private owners. 

TEXT OF LAWS. 



No. 1. The governor shill appoint four persons, one of 
whom shall be familiar willi the timber Industry, one with 
the Ii\-e stock industry, one with the grain and hay indus- 
try, and one at large, who together with the stale forester, 
•shall constitute the state board of forestry, which shall 
super^^se and direct all matters of state forest policy, 
management and protection. Said board shall make rules 
and regulations for its government, and shall meet at such 
times and places as it sees fit. The members, except the 
state fore.>ter, shall receive no compensation for their serv- 
ices, but shall be paid actual tra\eling expenses which may 
be incm-red in the performance of their official duties, 
which shall be paid out of the fund appropriated for the 
support of the state board of forestry. [L. 1905, ch. 264, 
sec. 1; L. 1919, ch. 544, sec. l=Supp. 1917-1919 to Codes 
and Gen. Laws (Deering), act 1216, sec. 1.] 

No. 2. There shall be a state forester, who shall be a c\\i\ 
executive officer, and who shall be a technically trained 
forester, appointed by the governor to hold office at the 
pleasure of the appointing power: and whether any can- 
didate for the position is a technically trained forester 
shall be determined by certificate from the Secretary 
of the United States Department of Agriculture, or from 
the Department of Forestry of the State University after 
such department is established. * * * He shall main- 
tain headquarters at the state capitol in an office provided 
by the secretary of state, and shall be allowed necessary 
office and contingent expenses. He and his assistants shall 
be paid reasonable traveling and field expenses which may 
be incurred in the necessary performance of their official 
duties. He shall act as secretary of the state board of for- 
estry. He shall, under the supervision of the state board 
of forestry, execute all matters pertaining to forestry ^vithin 
the jiu-isdiction of the state ; have charge of all tire wardens 
in the state, and direct and aid them in their duties; direct 



the protection and improvement of state parks and forests; 
collect data relative to forest destruction and conditions; 
take such action as is authorized by law to prevent and 
extinguish forest, brush, and grass fires; enforce all laws 
pertaining to forest and brush-covered land, and prosecute 
for any \iolation of such laws; cooperate with land 
owners, as described in section 4 of this act; and publish 
from time to time such information of forestry as he may 
deem wise. He shall prepare annually a report to the 
governor on. the progress and condition of state forest 
work, and recommend therein plans for impro\'ing the 
state system of forest protection, management, and 
replacement. [L. 1905, ch. 264, sec. 2=Gen. Laws 1915 
(Deering), act 1216, sec. 2.] 

Note.- The pro\'isions which are omitted in the 
abo\e section concerned the salary of the State forester 
ami the appointment and salaries of two assistant for- 
esters, whach pro\dsions have been repealed, in effect, 
bv chapter 393, Laws 1909 (since amended bv ch. 238, 
L. 1917). {See No. 22.) 

No. 3. The California Redwood Park and the Mt. Ham- 
ilton tract, together with all moneys heretofore or here- 
after appropriated for the purchase of land for or care of 
said parks, tracts and stations, shall be in charge of the 
state board of forestry, said board to take the place of 
and forthwith shall have all the powers and duties now 
possessed in accordance with law by persons or commis- 
sions with regard to the state parks, tracts of land, and 
forest stations mentioned in this act, and also any forest 
or brush land which may hereafter become state property, 
or be placed definitely in the care of the state; and it 
is hereby further enacted that, if the government of the 
United States or any individual or corporation shall, at 
any time, donate or entrust to the Stale of California, for 
state park or state forest reserve purposes, any tract or 
tracts of wholly or partially wooded land, such tract or 



12 



STATE FOEESTKY LAWS CALIFORNIA. 



tracts of land shall be administered at the expense of 
the state, as pro\-ided by law. [L. 1905, ch. 264, sec. 3= 
Gen. Laws 1015 (Deeriiig), act 1216, sec. 3.] (See also 
note 9, on p. 23.) 

No. 4. The state forester shall, upon request and when- 
ever he deems it essential to the best interests of the 
people and the state, cooperate with counties, towns, cor- 
porations, and individuals in preparing plans for the 
protection, management and replacement of trees, wood- 
lots and timber tracts, on consideration and under an- 
agreement that the parties obtaining such assistance pay 
at least the field expenses of the men employed in pre- 
paring said plans. [L. 1905, ch. 264, sec. 4=Gen. Laws 
1915 (Deering), act 1216, sec. 4.] 

No. 5. The state forester shall prepare and print for 
public distribution an abstract of all the forest laws of 
California, together with such rules and regidations in 
accord therewith as he may deem necessary, and shall 
annually print and distribute a list of all fire wardens 
with their addresses, all such matter to be published with 
the approval of the state board of forestry. He shall also 
furnish notices, printed in large letters on cloth, calling 
attention to the danger from forest fires and to forest fire 
and trespass laws and their penalties. Such notices shall 
be posted by the fire wardens in conspicuous places along 
every highway in brush and forest-covered country, at 
frequent intervals along streams and lakes frequented Vjy 
tourists, hunters or fishermen, at established camping 
sites, and in every post-office in the forested region. [L. 
1905, ch. 264, sec. 5=Gen. Laws 1915 (Deering), act 1216, 
sec. 5.] 

No. 6. The state forester shall divide the state into 
such number of fire districts as shall be deemed by him 
most necessary to the efficiency of his work; and, further- 
more, any county, or combination of less than four counties, 
shall be made a separate fire district, upon request of 
the county board or boards of supervisor's, in which case 
such special fire district shall pay the cost of maintaining 
its district fire warden. [L. 1905, ch. 264, sec. 6=Gen. 
Laws 1915 (Deering), act 1216, sec. 6.1 {See also No. 38, 
and note 2, par. 4, on p. 22.) 

No. 7. The duties of the assistant foresters [deputy 
forester and assistant forester] shall be to devote their entii'e 
time to state forest interests according to rules and direc- 
tions to be determined by the state forester, with the 
approval of the state board of forestry. They shall take 
prompt measures to prevent and extinguish forest fires; 
keep a record of the cause, extent and damage of all 
forest fires in their respective districts, and perform such 
other duties as the state forester may direct. [L. 1905, 
ch. 264, sec. 7=Gen. Laws 1915 (Deering), act 1216, sec. 
7.] 

No. 8. The state forester shall appoint, in such number 
and localities as he deems wise, public-spirited citizens 
to act as voluntary fire-wardens, who may receive payment 



for their services from the counties or from private sources. 
They shall promptly report all fires and take immediate 
and active steps toward their extinguishment, report any 
violation of the forest laws, assist in apprehending and 
convicting offenders, and perform such other duties as 
the state forester may direct. The super\isors and rangers 
on the federal forest reserve[s] within the state, whenever 
they formally accept the duties and responsibilities of 
fire-wardens, may be appointed as voluntary fire-wardens, 
and shall have all the powers given to fire-wardens by 
this act. [L. 1905, ch. 2G4, sec. 8=Gen. Laws 1915 (Deer- 
ing), act 1216, sec. 8.] 

No. 9. The state forester and all fire wardens shall have 
the powers of peace ofi.cers to make arrests without war- 
rant, for violations of any state or federal forest laws, and 
no fire warden shall be liable to ci^■il action for trespass 
committed in the discharge of his duties. Any fire warden 
who has information which would show, with reasonable 
certainty that any person had violated any provision of 
such forest laws, shall immediately take action against the 
offender, either by using his own powers as a peace officer 
or by making complaint before the proper magistrate, or 
by information to the proper district attorne}% and shall 
obtain all possible evidence pertaining thereto. Failure 
on the part of any paid fire warden to comply with the 
duties prescribed by this act shall be a misdemeanor, 
and punishable by a fine of not less than twenty dollars, 
nor more than two hundred and fifty dollars, or imprison- 
ment for not less than ten days nor more than three months, 
or both such fine and imprisonment, and the state forester is 
hereby authorized to investigate and prosecute such viola- 
tions. [L. 1905, ch. 264, sec. 9=Gen. Laws 1915 (Deering), 
act 1216, sec. 9.] (See also No. 42; and note 2. par. .1 on 
p. 22.) 

No. 10. All firewardens shall have authority to call 
upon able-bodied citizens between the ages of sixteen and 
fifty years, for assistance in putting out fires, and any such 
person who refuses to obey such summons, unless pre- 
vented by good and suflicient reasons, is guilty of a mis- 
demeaiiior, [and must be fined in a sum not less than 
fifteen dollars, nor more than fifty dollars, or imprison- 
ment in the county jail of the county in which such con- 
viction shall be had, not less than ten days, nor more 
than thirty days, or both such fine and imprisonment; 
provided that no citizen shall be called upon to tight fire 
a total of more than five days in any one year.] [L. 1905, 
ch. 264, sec. 10=Gen. Laws 1915 (Deering), act 1216, 
sec. 10.] 

Note. — !-'ee note 2, par. 1, on page 22, containing 
the opinion of the attorney general for California to 
the effect that the authority granted firewardens, by 
this section, to impress citizens is still o]erative; 
but that the penalty pro^•ision thereof (indexed in 
[ ] above) is now superseded by the penalty provided 
m Penal Code, section 384; for which, see No. 57, 
penalty clause and subsection 5. 

No. 11. In times and localities of particular fire danger 
the state forester may maintain a fire patrol through the 



STATE FORESTRY LAWS- — CALIFORNIA. 



13 



fire wardens, at such places in brush or forest land as the 
public interest may require, the expense of such patrol 
to be paid by the county in which such patrol is main- 
tained; and, furthermore, he may. upon written reqiiest 
by counties, corporations or individuals, maintain a (ire 
patrol on their forest lands, provided, that the expense of 
said patrol be paid by the party or parties requesting same. 
[L. 1905, ch. 21)4, sec. ll=Geu. Laws 1915 (Deering), act 
1216, sec. 11.] 

No. 12. Whenever an arrest shall ha\e been made for 
violation of any pro\i.sion of tliis act, or whone\-er any 
information of such violation shall ha\e been lodged with 
him, the district attorney of the county in which the 
criminal act was committed must prosecute the offender 
or offenders with all diligence and energy. If anj' district 
attorney shall fail to comply with the provisions of thi.s 
section he shall be guilty of a misdemeanor, and upon 
conviction shall be fined not less than one hundred dollars 
nor more than one thousand dollars in the discretion of the 
court. Action against the district attorney shall be 
brought by the attorney-general in the name of the 
])eople of the state on the relation [request?] of the state 
forester. The penalties of this section shall apply to any 
niaj:istrate, with proper authority, who refuses or neglects 
to cause the arrest and prosecution of any person or persons 
when complaint, under oath, of violation, of any terms ol 
tliis act has been lodged with him. [L. 1905, ch. 2(i4, 
sec. 12=Gen. Laws 1915 (Deering), act 121G, sec. 12.] 

No. 13. Any person who shall destroy, deface, remove 
or disfigure any sign, poster or warning notice posted under 
the provisions of this act shall be guilty of a misdemeanor 
and punishable, upon con\-iction, by a fine of not less than 
fifteen dollars nor more than one hundred dollars, or im- 
prisonment in the county jail for a period of not less than 
ten days nor more than three months, or both such fine 
and imprisonment. [L. 1905, ch. 264, sec. 13= Gen. Laws 
1915 (Deering), act 1216, sec. 13.] 

No. 14. Every person, who willfully, maliciously oi 
negligently sets on fire or causes or procures to be set on 
fire any woods, brush, prairies, gi'ass, grain or stubble on 
any lands not his own, or allows the fire to escape from 
his own laud, wherel)y any property of another is injured 
or destroyed, or accidentally sets any such fire or allows 
it to escape from his control without extinguishing it or 
using every effort to extinguish it, shall be guilty of a 
misdemeanor and upon conviction is punishable by a fine 
of not less than fifty dollars, nor more than one thousand 
dollars, or imprisonment for not less than tliirty days nor 
more than one year, or both such fine and imprisonment. 
Setting such fires or allowing them to escape shall be 
prima facie proof of wilUulness, malice or neglect under 
lids section, provided, that nothing herein contained shall 
apply to a person who, in good faith, sets a back tire to 
check a fire already burning. [L. 1905, ch. 264, sec. 14= 
Gen. Laws 1915 ^Deering), act 1216, sec. 14.] (See also 
No. 57, penalty clause, (i), (2), (7); and note ^, par. 2, on 
p. 22.) 



No. 15. Every person who, upon departing from a 
camp or camping place, leave [leaves] fire Inirning or 
unextinguished, or who, after building such fire allows it 
to spread, shall be guilty of a misdemeanor and punish, 
able by a fine of not less than fifty dollars nor more than 
five hundred dollars, with costs of suit and collection, one- 
half of such fine or such a portion thereof as shall not ex- 
ceed fifty dollars, to be paid to the person securing the 
arrest and conviction of such offender, and if the defend- 
ant refuses or neglects to pay the fine and costs imposed, 
he shall be confined in the county jail of the county in 
which con\iction shall be had. for a period not to exceed 
one day for every two dollars of the fine imposed, or 
may be subject to both such fine and imprisonment. [I^. 
1905, ch. 264, sec. 15=Gen. Laws 1915 (Deering), act 1216, 
sec. 15.] (See also \o. 67, penalty clause, (6), (7)). 

No. 16. It shall be unlawful during what is locally 
known as the "di-y season," this t<j be considered as the 
period between May fifteenth and the first soaking rains 
of autumn or winter, for any person or persons to bum 
brush, stumps, logs, fallen timber, fallows, gi'ass or forest- 
covered land, or blast wood with dynamite, powder or 
other explosives, or set off fireworks of any kind in forest 
or brush-covered land, either then' own or the property 
of another, without written permission of and under the 
direction or supervision of a fire warden in that district; 
these restrictions not to apply to the ordinary use of lire 
or blasts in logging redwood, nor in cases where back fires 
are set in good faith to stop an existing fire. Violation 
of these pro\isions shall be a misdemeanor, punishable, 
upon conviction, by a tine of not less than fifty dollars, 
nor more than one thousand dollars, or imprisonment not 
less than thirty days nor more than one year, or both 
such fine and imprisonment. [L. 1905, ch. 264, sec. 16= 
Gen. Laws 1915 (Deering), act 1216, sec. 16.] (See also No. 
57, penally clause, {1), {ii), (7); wo(c 2 par. 2, on p. 22; and 
note 11, on p. 23.) 

No. 17. Logging locomotives, donkey or threshing en- 
gines, and other engines and boilers operated in, through 
or near forests, brush or grass land, which do not burn oil 
as fuel, shall be provided ■with appliances to prevent the 
escape of fire and sparks from the smokestacks thereof, 
and with devices to prevent the escape of tire from ash- 
pans and fireboxes. Failure to comply with these re- 
quii'ements shall be a misdemeanor, punishable, upon 
viction, by a tine of not less than one hundred dollars nor 
more than five hundred dollars, and any person violating 
any pro\ision of tliis section shall be liable to a penalty 
of not less than fifty dollars nor more than one hundred 
dollars, for every such violation, or imprisonment for not 
less than tliirty days nor more than three months, or both 
such fine and imprisonment, [L. 1905, ch. 264, sec. 17= 
Gen. Laws 1915 (Deering), act 1216, sec. 17.] (See also 
No. 57, penalty clause, (4), (4a), (4b), (7); and note 2, par. 
2, on p. 22.) 

No. 18. Id addition to the penalties provided in sections 
fourteen, fifteen, sixteen and seventeen of this act, the 



14 



STATE FORESTRY LAWS — CALIFORNIA. 



United States, state, county, or private owners, whose 
property is injured or destroyed by such fires may recover 
in a civil action, double the amount of damages suffered if 
the fires occurred tlvrough wilfulness, malice or negligence; 
but if such fires were caused or escaped accidentally or 
unavoidably, civil action shall lie only for the actual 
damage sustained as determined by the value of the 
property injured or destroyed, and the detriment to the 
land and vegetation thereof. The presumption of wilful- 
ness, malice or neglect shall be overcome ; provided, that 
the precautions set forth are observed; or, provided, fires 
are set during the "dry season" with written pernussion 
of and under the (.lii-eetion of the district firewarden. 
Persons or corporations causing fii'es by violations of this 
act shall be Uable to the United States, state, county, or 
private owners in action for debt to the full amount of all 
expenses incurred by the United States, state, county or 
private owners in fighting such fires. [L. 1905, ch. 264, 
sec. 18; L. 1919, ch. 149, sec. l=Supp. 1917-1919 to Codes 
and Gen. Laws (Deering), Penal Code, sec. 384.] (See 
also No. 57; note 2, par. 2, on p. 22; andnote 11, on p. 23.) 

Note. — The provision in the above section for 
double damages in cases of fires caupoa by negligence, 
being the latest legislation on the subject, supeisedes 
all prior inconsistent enactments, such as Political 
Code, section 3344, and Civil Code, section 3346a, 
both of which provided treble damages in such cases. 

No. 19. It shall be the duty of the state board of for- 
estry, whenever it shall be deemed necessary, to notify 
the owner of any forest area within the state by a written 
notice to be served upon the person or persons or corpo- 
ration, or either of them, owning or having charge of 
such area, or upon the agents, attorney or representative 
of either, by any firewarden, deputy fuewarden or special 
firewarden or any employee of the state board of forestry, 
in the same manner as a summons in a civil action, or if 
such area belongs to any non-resident person or corporation 
and there is no person in control or possession thereof, and 
such non-resident person or corporation has no tenant, 
attorney, representative or agent upon whom such 8er\ice 
can be had, or if the owner or owners of such area, or their 
tenants, attorneys, representatives, or agents can not after 
due diligence be found, then by posting the said notice in 
some conspicuous place upon such area and by mailing a 
copy thereof to the owner thereof at his last known place of 
residence if the same is known or can be ascertained, that 
the said state board of forestry intends to cause an inspec- 
tion to be made of the said forest area for the purpose of 
ascertaining whether or not the same constitutes a nuisance 
as hereinafter provided. The said notice shall describe 
the forest area to be inspected by general description and 
shall designate the time of such inspection. At the time 
so designated in said notice the said state board of forestiy 
shall cause an inspection to be made of the said forest area 
and the said owner or his agent shall be permitted to be 
present during such inspection and shall be given a full 
opportunity of showing that such forest area is not a nui- 
sance as contemplated by this act. If the said state board 



of forestry after such inspection finds any forest area 
inadequately protected adjoining, lying near, or inter- 
mingled with other forest and covered wholly or in part 
with inflammable debris, which by reason of such location 
or condition or lack of protection endangers life or property, 
the state board of forestry shall in writing notify the owner 
or owners of such areas that the condition of said areas 
endangers life or property and shall require such person 
or corporation to clean up such areas by the use of fire or 
otherwise at a time and in a manner to be therein specified. 
Said notice may be served upon the person or persons or 
corporation, or either of them, owning or having charge of 
such areas or upon the agents of either, by any firewarden, 
deputy firewarden or special firewarden or any employee 
of the state board of forestry, in the same maimer as a 
summons in a civil action; provided, however, that if any 
such area belong to any non-resident person or corporation 
and there is no person in control or possession thereof and 
such non-resident person or corporation has no tenant, 
bailee, depository or agent upon whom such service can 
be had; or if the owner or owners of such areas can not 
after due diligence be found, then such notice may be 
served by posting the same in some conspicuous place upon 
such area, and by mailing a copy thereof to the owner 
thereof at his last known jjlace of residence, if the same is 
known or can be ascertained. Any and all such inade- 
quately protected forest areas adjoining, lying near, or 
intermingled with other forest and covered wholly or in 
part with inflammable debris, which by reason of such 
location or condition or lack of protection endangers life 
or property, are hereby declared to be a public nuisance; 
and whenever any such nmsance shall exist within the 
state, and the proper notice shall have been served, as 
herein provided, and the time specified in said notice 
shall have elapsed without the nuisance having been 
abated, it shall be the duty of the state board of forestrj' 
to cause said nuisance to be at once abated, by burning or 
otherwise disposing of the inflammalile debris. The 
expense thereof shall be paid by the state in like manner 
as bills for fu'e fighting are paid. Any and all such sum 
or sums so paid shall be and become a lien on the property 
from wliich said nuisance has been removed or abated in 
pursuance of this section, and said lien shall continue as 
long as the said sum or sums above referred to shall remain 
unpaid. The claim for any lien shall be filed by the 
state forester, or, under Ms direction, by any of his assis- 
tants or firewardens, in the office of the county recorder 
of the county in which the property on which said nuisance 
existed is situated. Proceedings for the enforcement of 
such "lien shall be instituted by the district attorney of 
the county where the nuisance existed, at the request of 
the state board of forestry and in the name of the State of 
California as claimant; and the costs shall be recovered 
in the usual manner. The state board of forestry is hereby 
vested with the power to cause any and all such nuisances 
to be abated in a summary manner. [L. 1905, ch. 264, 
sec. 19; L. 1911, ch. 392, sec. l=Gen. Laws 1915 (Deering), 
act 1216, sec. 19.] 



STATE FORESTRY LAWS CALIFORNIA. 



15 



No. 20. All monej's received as penalties for violatin.is 
of the pro\'isions of tliis act. less the cost of collection, and 
not otherwise provided for, shall be paid into the state 
treasury to the credit of the forestry fund, which fund is 
hereby created, and the moneys therein are hereby appro- 
priated for purposes of forest protection, management and 
replacement under direction of the state board of forestry. 
[L. 1905, eh. 264, sec. 20=Gen. Laws 1915 (Deering), act 
1216, sec. 20.] (See also note 5, on p. 22.) 

No. 21. County boards of supervisors may appropriate 
money for purposes of forest protection, improvement and 
management. [L. 1905. ch. 264, sec. 21=Gen. Laws 1915 
(Deering), act 1216, sec. 21.] {See also No. 56.) 

No. 22. The salary of the state forester shall be tlu-ee 
thousand dollars per annum. The state forester shall have 
authority to appoint a deputy forester at a salary of two 
thousand four hundred dollars per annum and an assistant 
forester at a salary of one thousand six hundred dollars 
per annum. The deputy forester shall exercise all the 
powers and duties of the state forester during the latter 's 
absence. All the salaries mentioned herein are to be paid 
in the same manner as the salaries of other state ofHcers 
are paid. [L. 1905, ch. 264, sec. 2; L. 1909, ch. 393, sec. 
1; L. 1917, ch. 238, sec. l=Supp. 1917-1919 to Codes and 
Gen. Laws (Deering), act 1222.] 

No. 23. There is hereby established a state nursery 
under the jmisdiction and management of the state forester 
for the gi'owing of stock for reforestation of public lands, 
the planting of trees along public streets and highwajs 
and for the beautif\ing of parks and school grounds. The 
state nursery shall l>e located by the state forester upon 
lands now owned by the state or donated to the state for 
that purpose. [L. 1917, ch. 475, sec. l=Supp. 1917-1919 
to Codes and Gen. Law-s (Deering), act 1224, sec. 1.] 

No. 24. The state forester shall construct and maintain 
such buildings, improvements and equipment, and shall 
employ and fix the compensation of such employees as 
may be necessary to carry out the provisions of this act. 
He may also purchase nursery stock and seed and dis- 
tribute the same at cost for public planting or reforesta- 
tion. [L. 1917, ch. 475, sec. 2=Supp. 1917-1919 to Codes 
and Gen. Laws (Deering), act 1224, sec. 2.] 

No. 25. The governor, on behalf of the state, is hereby 
authorized to receive all such deeds, conveyances, assur- 
ances or donations of real or personal property as may be 
necessary in law to vest in the people of the State of 
California the title to any site or sites for said nursery and 
any equipment and supplies therefor that may be donated 
to the state and accepted by the governor. [L. 1917, act 
475, sec. 3=Supp. 1917-1919 to Codes and Gen. Laws 
(Deering), act 1224, sec. 3.] 

No. 26. Out of any money in the state treasury not 
otherwise appropriated there is hereby appropriated the 
sum of fourteen thousand dollars for the purposes of this 



act. [L. 1917, ch. 475, sec. 4=Supp. 1917-1919 to Codes 
and Gen. Laws (IJeering), act 1224, sec. 4.] (See also 
note 4, on p. 22.) 

No. 27. There is hereby organized, created, established 
and incorporated a forest iire district witliin the county of 
Marin, to be known as "Tanialpais forest lire district." the 
boundaries of which are hereby estaVdished , descrilied and 
determined as follows, to wit: Commencing at the point 
where the electric pole line of the Pacific (las and Electric 
Company running from the Alto power house to Bolinas 
first joins the state highway lietween the town of Mill Val- 
ley and Alto ; running thence along the line of said pole line, 
southerly, southwesterly, and westerly across the Rancho 
Saucelito and the Rancho Las Raulinas until the said 
pole line crosses the county road along the easterly side of 
Bolinas inner bay or lagoon; running flicnce northwesterly 
along said county road to its intersection with the lower 
county road leading from Bolinas to ( )lpma: running thence 
aorthwesterly along said Bolina,s and Olema county road 
to its intersection with the Tocalonia road at the village of 
Olema ; running thence easterly along said county road lead- 
ing to Tocaloma to its intersection with the county road 
running along the easterly bank of Paper Mill creek; run- 
ning thence northerly and easterly along said county road 
running along the easterly bank of Paper Mill creek to the 

I mouth of Nicasio creek; running thence up the county 
road running up Nicasio creek, in an easterly and southerly 

1 direction, tlirough the village of Nicasio to the intersection 
of the Nicasio and San Geronimo county road with the 

j Lucas Valley county road ; thence easterly along said Lucas 
Valley county road to its intersection witli the state high- 
way at Las Gallinas; thence southerly along the state high- 
way as at present laid out to the northerly corporate Umita 
of the city of San Rafael; thence w-esterly along said north- 
erly corporate limits of said city of San Rafael to the east- 
erly corporate Umits of the town of San Anselmo; thence 
southerly along the easterly corporate limits of the town 
of San Anselmo to the easterly corporate limits of the town 
of Ross; thence southerly along the easterly corporate lim- 
its of the town of Ross and westerly along the southerly 
corporate limits of the town of Ross to the intersection 
thereof with the state highway; thence southerly along 
the state highway to the northwesterly corporate limits of 
the town of Larkspiu-; thence northerly, easterly and 
southerly, along the coi-porate limits of the town of Lark- 
spur to their intersection with the northerly corporate 
limits of the town of Corto Madera; thence easterly, 
southerly and westerly along the corporate limits of the 
town of Corte Madera to their intersection with the state 
highway; and thence southerly along the state liighway 
to the point of beginning. [L. 1917, ch. 560, sec. 1= 
Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), 
act 1185, sec. 1.] 

No. 28. Within thiity days after this act shall go into 
effect, a governing board of trustees for said district shall 
be appointed. Said board shall consist of one trustee to 



16 



STATE FORESTRY LAWS CALIFORNIA. 



be appointed from said district at large by the board of 
supervisors of said county of Marin, aqd of one trustee to 
be appointed from each municipality lying wholly or par- 
tially within said district by the governing board of such 
municipality. The governing board of such district shall 
be called "the board of trustees of Tamalpais forest fire 
district." Each trustee appointed by a municipal board 
shall be an elector of the municipality from which he is 
appointed, and each appointee of the board of Buper\dsors 
shall be an elector of the district. All such trustees shall 
hold office for the term of two years from and after the sec- 
ond day of the calendar year succeeding their appoint- 
ment; provided, however, that the first board of tnistees 
appointed under the provisions of this act shall, ai their 
first meeting, so classify themselves by lot that one-half 
of their number, if the total membership is an even num- 
ber, and if uneven then that a majority of their num- 
ber, shall go out of office at the expiration of one year 
and the remainder at the expiration of two years, from the 
second day of the calendar year succeeding their appoint- 
ment. [L. 1917, ch. 5G0, ^ec. 2=Supp. 1917-1919 to Codes 
and Gen. Laws 1915 (Deering), act 1185, sec. 2.] 

No. 29. The members of the board of trustees shall meet 
on the first Monday subsequent to thirty days after this act 
shall go into effect and shall organize by t)ie election of one 
of their members as president and one thereof as secretary. 
The members of the board shall serve without compensa- 
tion provided that the necessary expenses of each memlier 
for actual traveling expenses on meetings or business con- 
nected with said l)oard shall be allowed and paid. In 
event of the resignation, death or disability of any member, 
his successor shall be appointed by the board of super- 
visors, if such board originally made such appointment, 
or by the governing Ijoard of the appropriate municipality, 
if such appointment were originally made by the board of 
a mimicipality. The board of trustees shall provide for 
the time and place of holding its regular meetings, and tlie 
manner of calling the same, and shall establish rules for 
its proceedings. Special meetings may be called by three 
trustees and notice of the holding thereof shall be given to 
each member at least three hours before the meeting. 
All sessions, whether regular or special, shall be open to 
the public and a majority of the members of the board 
shall constitute a quorum for the transaction of Ijusiness. 
[L. 1917, ch. 560, sec. 3=Supp. 1917-1919 to Codes and 
Gen. Laws 1915 (Deering), act 1185, sec. 3.] 

No. 30. The board of trustees of such district shall have 
power to take all necessary or proper steps for the preven- 
tion or extinguishing of forest, brush, or grass fires within 
the district, and for the protection of persons or property 
from any injury, loss, or damage resulting from any such 
fije or fires; to purchase such supplies and materials and to 
employ such labor or sldlled services as may be necessary 
or proper in furtherance of the objects of this act, and if 
necessary or proper in the furtherance of the same to build, 
construct, and thereafter to keep clear and maintain 
necessary fire roads or fire trails, hydrants, or other fiie- 



fighting apparatus upon the lands within the district or 
adjacent thereto, and to acquire by purchase, condemna- 
tion, license or other lawful means, in the name of the 
district, all necessary lands, rights-of-way, easements or 
property or material requisite or necessary for any of such 
purposes; to make contracts, to indemnify or compensate 
any owner of land or other property for any injury or dam- 
age necessarily caused by the exercise of the powers by 
this act conferred, or arising out of the use, taking or dam- 
age of such property for any such purposes, and generally 
to do any and all things necessary or incident to the powers 
hereby granted and to carry out the objects specified 
herein. [L. 1917, ch. 560, sec. 4=Supp. 1917-1919 to 
Codes and Gen. Laws 1915 (Deering), act 1185, sec. 4.] 

No. 31. The board of trustees of said district shall at 
least fifteen days before the first day of the month in which 
the board of supervisors of Marin county is required by law 
to levy the amount of taxes required for county purposes, 
furnish to said board of supervisors and to the county 
auditor of said county, respectively, an estimate in writing 
of the amount of money necessary for all purposes required 
under the provisions of this act during the next ensuing 
fiscal year. The board of supervisors of such county shall 
thereafter at the time and in the manner of levying other 
coimty taxes levy upon all of the taxable property within 
the district and cause to be collected a tax, to be known 
as the "Tamalpais forest fire district tax," the maximum 
rate of wliich must not be greater than sufficient to raise the 
amount estimated to be rai.sed by the said l)oard of trustees 
of the district, nor in any event shall s\ich tax exceed ten 
cents on each one liundred dollars of taxable property in 
such district. 

All taxes levied under the provisions of tliis section shall 
be computed and entered on the county assessment roll of 
said county by the county auditor thereof, and collected at 
the same time and in the same manner as state and county 
taxes, and when collected shall be paid into the county 
treasury of said county for the use of said district. 

The funds shall be withdrawn from said county treasury 
upon the warrant of the board of trustees of such district 
signed by the president or acting president of the board, 
and countersigned by its secretary. [L. 1917, ch. 560, sec. 
5=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), 
act 1185, sec. 5.] 

No. 32. The board of trustees of such forest fire district, 
prior to its estimate of the amount of money necessary for 
all purposes of the district for the ensuing fiscal year, as 
hereinabove provided, may request from the governing 
board or body having jurisdiction and control over any 
forest, brush or grass lands witliin such district owned or 
held for any purpose whatsoever l)y the State of California, 
or any county, city, township, municipal corporation, 
public corporation, or other political corporation or sub- 
division of the state, a proposal or promise as to what 
amount, if any, the State of California, or any county, city, 
township, municipal corporation, public corporation or 
other political corporation or subdivision of the state own- 



STATE FORESTRY LAWS — CALIFORNIA. 



17 



ing or holding such lands, will agree to pay to such district 
towards its necessary expenses for the next ensuing fiscal 
year, or such proposal may be for the next two ensuing 
fiscal years in the event that such lands shall be under the 
control of the State of California, in consideration of said 
district taking over the supervision and concurrent control, 
as hereinafter set forth, of such lands so owned or held, 
only, however, in so far as is necessary or proper to prevent 
or extinguish forest, brush or grass fires thereon or witliin 
svich district, or to protect persons or property from any 
injury, loss or damage resulting from any such fire, and 
said governing body having jurisdiction and control over 
such lands is hereby authorized and empowered, for the 
consideration aforesaid, to propose or promise, as afore- 
said, and so obligate the State of California or any county » 
city, townsliip, municipal corporation, public corporation 
or other political corporation or subdivision of the state 
owning or holding such lands respectively, to such district 
upon its board of trustees accepting such proposal for such 
purpose, whereupon such agreement shall be d\ily exe- 
cuted in the form of a contract, and such district shall 
thereupon take over the super\-ision and control of the 
prevention and extinguishing of forest, brush or grass fires 
upon such lands in the manner aforesaid for the next 
ensuing fiscal year, or for the life of such contract. [L. 
1917, ch. 560, sec. 6=Supp. 1917-1919 to Codes and Gen. 
Laws 1915 (Deering), act 1185, sec. 6.] (See also No. 52; 
and note 8, on p. ^S.) 

No. 33. Any territory, incorporated or unincorporated, 
lyingadjacent and contiguous to said forest fire district, and 
within the same county therewith, may be added and an- 
nexed to such district, at any time, upon proceedings 
being had and taken as in this act proxided and any ter- 
ritory, incorporated or unincorporated, laying within said 
district, may be withdrawn and excluded therefrom upon 
proceedings being had and taken as in this act provided. 
The board of trustees of such district upon recei\ing a 
written petition containing a description of the new ter- 
ritory sought to be annexed to such district, signed by the 
owners comprising more than one-half of the assessed value 
of such territory as shown by the last county assessmen t roll , 
must thereupon submit to the electors of the district and 
also to the electors residing in the territory sought to be 
annexed, the proposition of whether such proposed ter- 
ritory shall be amiexed and added to such district. The 
proposition to be submitted to the electors at such election, 
both within said district and within said territory so pro- 
posed to be annexed, shall be as follows: ''for annexation," 
or ''against annexation," or words equivalent thereto. 
Such election must be called and held, and notice thereof 
shall be published for at least four weeks prior to such 
election in a newspaper printed and published in such 
district, and also iji a newspaper, if any, printed and pub- 
lished in such territory so proposed to be annexed. The 
board of trustees, shall canvass, separately, the votes cast 
within said district, and the votes cast within said territory 



so proposed to be annexed, and if it shall appear from such 
canvass that a majority of all the ballots cast in such district 
and a majority of all the ballot.s cast in such territory so 
proposed to be annexed are in favor of annexation, the 
board of trustees shall certify such fact to the secretary of 
state describing said property proposed to be annexed and 
upon receij)! of such last mentioned certificate, the secre- 
tary of state shall thereupon issue his certificate reciting 
that the territory (describing the same) has been annexed 
and added to the Tamalpais forest fires district and a copy 
of such certificate of the secretary of state .shall be trans- 
mitted to and filed with the county clerk of said county in 
which such forest fire district is situated. From and after 
the date of such certificate the territory named therein 
shall be deemed added and annexed to and form a part of 
s lid forest fire district, with all the rights, privileges and 
powers set forth in this act and neceisarily incident thereto. 
If the property so proposed to be annexed is included with- 
in a municipality, consent to such annexation shall first be 
obtained from the governing board of such miuiicipalitj', 
and an authenticated copy of the resolution or order of 
such board so consenting to such annexation, shall be 
attached to the petition, and be made a part thereof. At 
any time after the organization of said forest fire district, 
and the appointment of the board of trustees thereof, the 
owner or owners of the record title to any land or lands 
within said district may file a petition with the board of 
super\dsors of the county prajdng that his or their lands be 
excluded from the district; provided, that no jietition shall 
be presented or received for the exclusion of lands which, 
either by themselves, or together with other lands included 
in the same petition, do not lie adjacent to the exterior 
boundaries of said forest fire district. .\t its first regular 
meeting after the filing of such petition tlie board of super- 
\isors shall, by its order, set said petition for hearing, which 
hearing shall not be more than forty days nor less than ten 
days from the date of its said order. Notice of such hear- 
ing shall be mailed to the petitioners, and to the members 
of the board of trustees of the forest fire district at least one 
week before the hearing. At such hearing, or at any con- 
tinuation thereof, the board of supervisors shall hear and 
determine the facts lu-ged for or against said petition, and 
shall make a finding determining whether or not the said 
lands petitioned to be withdrawn, or any part thereof, 
shall be withdrawn from the district. In case such find- 
ing shall be in favor of excluding such lands, or any portion 
thereof from the district, the board of supervisors shall 
make its order certifying such fact to the secretarj' of state, 
describing said property proposed to be excluded by said 
findings, and upon receipt of such last mentioned certifi- 
cate, the secretary of state shall issue his certificate re- 
citing that the territory (describing the same) has been 
excluded from the Tamalpais forest fire district, and a 
copy of such certificate of the secretary of state shall be 
transmitted to and filed with the county clerk of the county 
of Marin. From and after the date of such certificate, the 
territory described therein shall be deemed excluded from 



STATE FORESTRY LAWS CALIFORNIA. 



said forest fire dii?trict. [L. 1917, ch. 560, sec. 7=Supp. 
1917-1919 to Codi's anil Gen. I.aws 1915 (Deering), act 
1185, sec. 7.] 

No. 34. The district may at any time be dissolved 
upon tlie vote of two-tliirds of the (jvialified electors thereof, 
upon an election called either by its board of trustees or 
by petition signed l)y twenty -five per cent of the registered 
voters witliin tlae district upon the question of dissolution, 
and the proposition which shall be submitted to the 
electors at such election shall be as follows: "Shall the 
district be dissolved?" Such election must be called 
and held; and notice thereof shall be published for at 
least four weeks prior to such election in a newspaper 
printed and publislied in such district. If two-tliirds 
of the votes at such election shall be in favor of the disso- 
lution of the district, the board of trustees shall certify 
such fact to tlie secretary of state, and upon receipt of 
such last mentioned certificate, the secretary of state 
shall thereupon issue bis certificate reciting that said 
forest fire district has been dissolved, and a copy of such 
certificate of the secretary of state shall be transmitted 
to and filed with the county clerk of said county in which 
such forest fire district is situated. From and after the 
date of such certificate the district named therein shall 
be deemed dissolved, and the property of the district 
shall thereupon vest in the county wherein said district 
is situate, if the district at the time of its dissolution com. 
prises unincorporated territory alone, and if it comprises 
incorporated territory alone, or partly incorporated and 
partly unincorporated territory, then in such event its 
property shall be ratably apportioned amongst the several 
municipalities and the county in proportion to the assessed 
value of the property included within said district as 
shown upon the last county assessment roll; provided, 
however, that any real property, easements or rights of 
way belonging to said district shall in such event remain 
the property of the municipality wherein the same is 
situate, if situated witliin incorporated territory, other 
wise the same shall remain the property of the county. 
[L. 1917, ch. 560, sec. 8=Supp. 1917-1919 to Codes and 
Gen. Laws 1915 (Deering), act 1185, sec. 8.] 

No. 35. Every notice herein required to be published 
may be published in a daily or weekly or semiweekly 
newspaper; and if there is no daily, or weekly or semi- 
weekly newspaper published within the district or within 
a subdivision thereof or other territory wherein the same 
is required to be published, then such notice shall be 
posted for the length of time herein required for the 
publication of the same in three public places of such 
district or such subdi\dsion thereof or such other territory 
as the case may be. The term "municipaUty," as used 
in this act, shall include a city or town, and shall be 
understood and so construed as to include, and is hereby 
declared to include, all corporations heretofore organized 
and now existing, and those hereafter organized, for 
municipal purposes. The word "district" shall apply, 



unless otherwise expressed or used, to said forest fire 
district formed under the provisions of tMs act, and the 
word "trustees," and the words "board of trustees," 
shall apply to the trustees and the board of trustees of 
such district. [L. 1917, ch. 560, sec. 9=Supp. 1917-1919 
to Codes and Gen. Laws 1915 (Deering), act 1185, sec. 9.] 

No. 36. The provision herein contained for the entering 
into proposals and contracts with said forest fire district 
by the State of California, or any county, city, township, 
municipal corporation, public corporation or other political 
corporation or subdivision of this state, is hcreliy declared 
to be optional and permissive and no further authority of 
law shall be required for such proposals or contracts than 
that herein contained, and no further authority of law 
shall be required than that contained in tliis act for the 
levy of taxes by boards of supervisors for the purposes 
herein specified, and no further authority shall be required 
by law for the bringing of actions in eminent domain, 
for the acqiujing by said forest fire district of rights of 
way for fii'e roads or trails, and easements to cut timber, 
brush or grass thereon, and to maintain the same, than the 
authority contained in tlis act. [L. 1917, ch. 560, sec. 
10=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deer- 
ing), act 1185, sec. 10.] 

No. 37. If any section, subsection, sentence, clause or 
phrase of this act is for ai y reason held to be unconstitu- 
tional, such decision shall not affect the validity of the 
remaining portion of thi ; act. The legislature hereby 
declares that it would hive passed this act, and each 
section, subsection, sentence, clause and phi-ase thereof, 
irrespective of the fact that any one or more other sections, 
subsections, sentences, clauses or phrases be declared 
unconstitutional. [L. 1917, ch. 5G0, sec. ll=Supp. 
1917-1919 to Codes and Gen. Laws 1915 (Deering), act 
1185, sec. 11.] 

No. 38. For the prevention and suppression of forei . 
fires the state board of forestry shall — 

(a) Make and enforce such rules and regulations as may 
be necessary and proper for the organization, maintenance, 
government and direction of the fire protective system 
provided for in this act: 

(5) DiWde the state into such number of suitable and 
convenient fire districts as may be necessarj- ; 

(c) Appoint a district fire ranger for each of such fire 
districts to serve during the seasons when fires are liable 
to occur at a salary of not to exceed one hundred fifty 
dollars per month and necessary expenses. Paid district 
fire rangers shall, under the direction of the state forester, 
have charge of the fire fighting system and men in such 
districts; and shall be charged with the duty of preventing 
and extiaghishing forest fires and with the performance of 
such other duties as may be required by the forester; 

(d) Provide all proper fire-prevention and fire-fighting 
implements and apparatus, organize fire companies and 
establish observation stations and employ men to attend 
them in all fire districts established as herein provided; 



STATE FORESTRY LAWS — CALIFORNIA. 



19 



construct and maintain telephone lines ami proxide such 
other means of commimication as shall be necessary to 
prevent and extinguish forest fires. [L. 1919, ch. 17(), sec. 
l=Supp. 1917-1919 to Codes and (^en. Laws 1915 (Deer- 
ing), act 121fia, sec. 1.] 

No. 39. For (he puri)o.se of co-operatina: with federal, 
county, municipal and private agencies for i re protection, 
forest management, refore.station and afforestation the 
state forester may — 

(a) Enter into agreements with the federal goveriiment, 
under such terms as he deeins advisable or as may be 
jjrovided by law, and renew, revise or terminate such 
agi-eements, for the purpose of maintaining a (Ire patrol 
.system for the ))revention and suppression of any forest 
(ires in any timber, briLsh, grass or other ijiilammabic 
vegetation or material : provided, that the expenses incurred 
by the terms of said agreements shall be jiaid from the 
appropriations or fimds available for forest fire protection. 

(b) Whenever any coimty or municipality shall make 
any appropriation for the prevention and sujipression of 
forest fires on any lands within said county, or munici- 
pality, or for the protection and forest management of any 
lands over which such county or municipality has juris- 
diction, or for reforestation or afforestation on lands within 
said county or municipality, the state fore.<ter may, with 
the approval of the state board of control, enter into agree 
mentjj with such county or municipality for said purposes 
on such terms and under such consideration as he deems 
wise. 

(f) Enter into agreements, with the approval of the 
state board of control, with any person, firm, association 
or corporation owning or controlling any forest, brush, 
grass or grain lands, under such terms as he deems ad- 
Nisable or as may be pro^•ided by law, and renew, re\-ise 
or terminate such agreements, for the prevention and 
suppression of forest fire; provided, that said agreements 
shall not provide that the state shall pay more than one- 
third of the expenses for said prevention and suppression 
of forest fires; provided, however, that the expenses incurred 
by the terms of said agreements shall be paid from the 
ajiprojiriations or fimds available for forest fire protection. 
[L. 1919, ch. 17(i, sec. 2=Supp. 1917-1919 to Codes and 
Gen. Laws 1915 (Deering), act 121(ia, sec, 2.] (See also 
note 2, par. ■}, on p. 2t.) 

No. -to. Where owners of land, or any organization, 
shall maintain a fire patrol for the prevention and sup- 
pression of forest fires the state forester may designate 
such patrolman as special fire ranger and gi\o to liim, for 
the protection of lands patrolled by him or adjacent 
thereto, all the rights and powers of district fire rangers as 
herein provided; and such special fire rangers shall be 
paid wholly by such owners or organizations or as may be 
provided for by section two of this act. [L, 1919, ch. 170, 
sec, 3=Supp. 1917-1919 to Codes and Gen. Laws 1915 
(Deering), act 1216a, sec. 3.] {Sec also "District Fire 
Ranijers," on p. 5.) 



No. -tJ. The state forester, deputy state forester and 
a.siistant state foresters shall hive power to summon 
any able-bodied male to assist in suppressing any forest 
fire; and who.soever fails to obey such summons shall 
be guilty of a violatioii of this act; and the above- 
mentiojied officers shall have power to authorize any 
district fire ranger, special fire ranger or any voluntary fire 
vvar(l(!n to summon ajiy able-bodied man to assist in sup- 
pressing any forest fire within tluur respective jurisdic- 
tions, and who.soever fails to oljoy such summons from any 
stich authorized district fire ranger, special fire ranger or 
voluntary fire warden sh-ill be deemed guilty of a violation 
of this act; and every jjerson who in obedience to such 
summons assists in extinguisldng ajiy forest fire shall be 
compensated at tlie rate of twenty-five cents per hour of 
service actually rendered; provided, that said compensa- 
tion .slwll he paid from the ai5i)ro])riations or funds available 
for forest fire protection. [L. 1919. ch. 170, sec. 4=Supp, 
1917-1919 to Codes and Gen. Laws 1915 (Deering), act 
1216a, sec, A .] {See also note, 2, par. 1. >,n p. 22.) 

No. 42. The state forester, deputy state forester, assist- 
ant state foresters, district fire rangers and special fire 
rangers, shall have the powers of peace officers to make 
arrests without warrant, tor violation of any state, coimty 
or federal fire law, and none of them shdl be liable 
to civil action for trespass committed in the discharge of 
their dutie.s. [L. 1919, ch. 176, sec. 5=Supp, 1917-1919 to 
Codes and Gen. Laws 1915 (Deering), act 1216a, sec. 5.] 
{See also No. 9; and note 2, par. 3, on p. 22.) 

No. 43. — The term "fore.4 fire" as u.sed in this act, 
means any fire burning tmcontrolled on any lands covered 
wholly or in part by timber, brush, gras?, grain, or other 
inflammable vegetation. [L. 1919, ch, 176, sec, 6=Supp, 
1917-1919 to Codes and Gen. Laws 1915 (Deering), act 
1210a, sec. 6.] 

No. 44. — Any person who shall violate any of the pro- 
visions of tliis act shall be guilty of a misdemeanor and 
shall be punishable upon conviction by a fine of not less 
than fifty dollars nor more than five hundred dollars, and 
if the defendant refuses, on conviction, to pay said fine he 
shall be confined in the county jail of the county in which 
conviction shall be had for a jjeriod not to exceed one day 
for every two dollars of the fine imposed, or may be subject 
to both such fine and imprisonment. [L. 1919, ch. 176, 
sec. 7=Supp. 1917-1919 to Codes and Gen. Laws 1915 
(Deering), act 1216a, sec. 7.] 

No. 45. — Out of any money in the state treasury not 
otherwise appropriated, there is hereby appropriated the 
sum of five thousand dollars during the seventy-first and 
seventy-second fiscal years, wliich money shall be used 
and expended for the purpose of preventing forest fires, 
and the construction and maintenance of fire trails and 
fire breaks in the San .\ntonio canyon in the San Ciabriel 
mountains, Calitorida, and the canyons adjacent thereto. 
[L, 1919, ch, 409, sec, l=Siipp. 1917-1919 to Codes and 



20 



STATE FORESTRY LAWS CALIFORNIA. 



Gen. Laws 1915 (Deering), act 1171a.] (See also note A, 
on p. 22.) 

No. 46. — The state board of control is hereby authorized 
and empowered to enter into a contract or contracts with 
the San Antonio Fruit Exchange, a corporation organized 
and existing under and by virtue of the laws of the State 
of California, for the purpose of protecting San Antonio 
canyon from devastation by (ire; provided, however, that 
the expenditiues for such purposes shall not be in excess 
of the amount expended by the said San Antonio Fruit 
Exchange, the San Antonio Water Company, and the 
counties of San IJernardino and Los Angeles, in collabora- 
tion with the specific work named above; provided, furtJier, 
that in the event that the said San Antonio Fruit Exchange, 
San Antonio Water Company, the county of San l?er- 
nardino or the county of Los Angeles do not contribute an 
amount equal to the appropriation herebj' made for the 
purposes hereinbefore specified, the state board of control 
shall not have power to enter into such contract or con- 
tracts with the said San Antonio Fruit Exchange for such 
expenditui'e of said money. [L. 1919, ch. 409, sec. 2= 
Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), 
act 1171a.] (See also note 4, on p. 22.) 

No. 47. — Tlie sum of twenty-live thousand dollars is 
hereby appropriated out of any money in the state treasury 
not other-svise appropriated to be used by the state board 
of forestry in preventing and fighting forest, brush, grass 
and grain fires within the State of California. To this end 
the said board with the approval of the state board of con- 
trol may enter into co-operative agreements with proper 
representatives of the United States government, or with 
counties, municipalities, or individuals. [L. 1919, ch. 
414, sec. 1.] [See also note 4, on p. 22.) 

No. 48. — Out of any money in the state treasury not 
otherwise appropriated, there is hereby appropriated the 
sum of one thousand six hundred dollars, of which eight 
hundred dollars is to be expended annually during the 
seventy-firgt and seventy-second fiscal years, which 
moneys shall be used and expended for the purpose of 
preventing and extinguishing forest fires and the con- 
structing and maintaining of fire trails and firebreaks in 
the San Dimas canyon in the San Gabriel mountains, 
California, and the canyons adjacent thereto; provided, 
however, that the money herein appropriated to be expended 
annually shall not become available until there shall have 
been deposited in the state treasury for this piupose an 
amount equal thereto, by the San Dimas Fruit Exchange, 
the county of Los Angeles, or by any individual or corpo- 
ration of by any or all of them. [L. 1919, ch. 581, sec. 1.] 
{See also note 4, on p. 22.) 

No. 49 — The moneys provided under the provisions of 
section one hereof shall be expended under the direction 
of the state forester. [L. 1919, ch. 581, sec. 2.] 

No. 50. Out of any moneys in the state treasury nol 
otherwise appropriated, there is hereby appropriated the 



sum of three thousand dollars, of which one thousand five 
hundred dollars is to be expended annually during the 
seventy-first and seventy-second fiscal years, which 
moneys shall be used and expended for the purpose of 
preventing and extinguishing forest fu'es, and constructing 
and maintaining of fire trails and fire brealvs in the San 
Gabriel canyon in the San Gabriel mountains, California, 
and the mountains adjaecnt thereto; provided, hovjcver, 
that the money herein appropriated to be expended an- 
nually shall not become available imtil there shall have 
been deposited in the state treasury for this purpose an 
amount equal thereto by the Azusa Irrigation Company, 
the Covina Irrigation Companj^, the county of IjOs Angeles 
or by any individual or corporation or by any or all of them. 
[L. 1919, ch. 582, sec. 1.] (See also note 4, on p. 22.) 

No. 51. The moneys provided under the provisions of 
section one hereof shall be expended under the direction 
of the state forester. [L. 1919, ch. 582, sec. 2.] (See also 
note 4, on p. 22.) 

No. 52. Out of any money in the state treasury not 
otherwise appropriated there is hereby appropriated 
annually the sum of two thousand five hundred dollars 
during the seventy-first and seventy-second fiscal years 
which money shall be used and expended for the purposes 
of preventing forest fires and the construction and main- 
tenance of fii'e trails and fire breaks in the Tamalpais forest 
fire district in Marin county, California. The state board* 
of control is hereby authorized and empowered to enter 
into a contract or contracts with the Tamalpais forest fire 
district, a public corporatiaon of the State of California, 
for the purpose of protecting the area embraced in the 
Tamalpais forest fire district from devastation by fire; 
provided, however, that the expenditures for such purposes 
shall not be in excess of the amount expended by the said 
Tamalpais forest fii'e district; provided, further, that in the 
event the said Tamalpais forest fire district does not con- 
tribute an amount equal to the appropriation hereby made 
during the fiscal years herein above specified, the state 
board of control shall not have power to enter into such 
contract or contracts with the Tamalpais forest fire district 
for such expenditure of said money. [L. 1919, ch. 593, 
sec. 1.] {See also No. 32; and note 4, on p. 22.) 

No. 53. The sum of five thousand dollars, or so much 
thereof as may be necessary, is hereby appropriated out of 
any money in the state treasury not otherwise appropri- 
ated, which money shall be used and expended for the pur- 
pose of constructing and maintaining fire lanes and fire 
trails to protect the timber and brush and other growth on 
the water shed now standing or that may be planted upon 
the San Bernardino mountains, in the State of California. 
[L. 1919, ch. 597, sec. l=Supp. 1917-1919 to Codes and 
Gen. Laws ( Deering), act 1223.] (See also note 4, on p.22.) 

No. 54. The state board of control is hereby empowered 
to enter into a contract or contracts ivith the forest service 
of the United States government for the purpose of con- 
structing and 'maintaining fire lanes and fire trails for the 



STATE FORESTRY LAWS — CALIFORNIA. 



21 



protection of the forest and brush specified in section one 
of this act; provided, houevcr, that tliese expenditures shall 
not be in excess of the amount or amounts to be expended 
by the forest service of the federal government in collabora- 
tion with the specific work named above; and provided, 
further, that in case the forest service above mentioned 
does not contribute the fund for said co-operation, that the 
state board of control shall not have power to enter into 
such contract or contracts with the said forest service for 
the expenditure of the said money. fL. 1919, ch. 597, sec. 
2=Supp. 1917-1919 to Codes and Gen. Laws (Deering), act 
122.3.] {See also note 4, on p. 22.) 

No. 55. UTienever the woods are on fire any justice of 
the peace, or constable, or road-overseer of the township 
or district where the fije exists, may order as many of the 
inhal)itants liable to road poll-tax, residing in the vicinity, 
as may be deemed necessary, to repair to the place of the 
fire and assist in extinguishing or stopping it. [Pol. Code 
1872, sec. 3,'?4.5; * * *; Pol. Code (Decring), 1915, sec. 
3345.J {See also note 6, on p. 22.) 

No. 56. The boards of superWsors, in their respective 
counties shall have jurisdiction and power, under such 
limitations and restrictions as are prescribed by law: 

Subsection 40. * * * To appropriate a sum not ex- 
ceeding two cents per 100 dollars of the assessed valuation 
of their county in any one year, in addition to any sum 
which may be chargeable to the county for the repayment 
of money expended by the state for protection against fire 
in such coimty, for the purpose of protecting forest, brush 
and grass lands therein, against fire or other injiu^', and of 
aiding the state and federal authorities in forestry work. 
[L. 1905, ch. 337, sec. l=(5en. Laws 1906 (Deering), act837, 
sec. 33i; * * *; Pol. Code, sec. 4041, preamble and 
subsec. 40, as reenacted in L. 1919, ch. 377, sec. l=Supp. 
1917-1919 to Codes and Gen. Laws (Deering), Pol. Code, 
sec. 3041, preamble and subsec. 40.] 

No. 57. Any person who shall wilfully or negligently 
commit any of the acts hereinafter eiuimerated in tlus sec- 
tion shall be guilty of a misdemeanor, and upon conviction 
thereof be punishable by a fine of not less than fifty nor more 
than five himdred dollars, or imprisonment in the county 
jail not less than fifteen days nor more than six montlis, or 
both such fine and imprisonment, except that in the case 
of an offense against subsection five of this section the fine 
imposed may be not less than ten dollars. {Sec also note 10, 
on p. 23.) 

1 . Setting fire, or causing or procuring fire to be set to any 
forest, brush or other infiammable vegetation growing on 
lands not his own, without the permission of the owner of 
such land; provided, that no person shall be convicted 
under this section who shall have set in good faith and with 
reasonable care, a backfire for the purjiose of stopping the 
progress of a fire then actually bm'ning. 

2. Allowing fires to escape from the control of the jsersons 
having charge thereof, or to spread to the lands of any per- 



son other than the builder of such fire without using e\'ery 
reasonable and proper precaution to prevent such fire from 
escaping. 

3. Bm-ning brush, stumps, logs, rubbish, fallen timbers, 
fallows, grass or stubble, or blasting with dynamite, powder 
or other explosives, or setting off fireworks, whether on his 
own land or that of another, without taking every proper 
and reasonable precaution both before the lighting of said 
fire and at all times thereafter to prevent the escape 
thereof; provided, that any firewarden may, at his discre- 
tion, give a written permit to any person desiring to biu-n 
or blast as aforesaid ; such permit shall contain such rules 
and regulations for the building and management of such 
fires as the state board of forestry may from time to time 
prescribe; and in any prosecution under this subsection it 
shall be prima facie evidence that the defendant has taken 
proper and reasonable precautions to prevent the escape 
of such fire, when ho shall show that he has received such 
a permit and has complied with all the rules and regula- 
tions therein prescribed. {Sec aho note ll, on p. 23.) 

4. Using any logging locomotive, donkey or threshing 
engine, or any other engine or boiler, in or near any forest, 
bru.sh, grass, grain or stubble land, imless he shall prove 
upon the trial, affirmatively, that such engines or boilers 
used by him were provided with adequate de\dces to pre- 
vent the escape of fire or sparks from smokestacks, ash pans, 
fire boxes, or other parts, and that he has used every reason- 
able precaution to prevent the causing of fire thereby. 

4a. Harvesting grain or causing grain to be harvested by 
means of a combined harvester, header, orstationarj' thresh- 
ing machijic, or baling hay by means of a hay press, unless 
he shall keep at all times in convenient places upon each 
said combined harvester, header, or stationary threshing 
machine, or hay press, fully equipped and ready for im- 
mediate use, two suitable chemical fire extinguishers, 
appro\-ed by the underwriters' laboratories, each of the 
capacity of not less than two and one-half gallons. 

46. Operating or causing to be operated any gas tractor, 
oil-buring engine, gas-propelled harvesting machine or 
auto truck in harvesting or mo^ing grain or hay, or mo\'ing ' 
said tractor, engine, machine or auto truck in or near any 
grain or grass lands, imless he shall maintain attached to 
the exhaust on said gas tractor, oil-burning engine or gas- 
propelled harvesting macliine an effective spark-arresting 
and bxuning carbon-arresting device. 

5. Refusing or failing to render assistance in combating 
fires at the summons of any firewarden unless prevented by 
good and sufiicient reasons. 

6. Leaving a camp fire bui-ning or unextinguished witTi- 
out some person in attendance, or allowing such fire to 
spread after being built. 

7. The i)ro\'isions of this section shall not apply to the 
setting of fire on lands within any municipal corporation of 
the state. [L. 1852, ch. 48, sec. l=Penal Code, 1872, sec. 
384; * * *; L. 1911, ch. 699; * * *; L. 1919, ch. 
127 = Supp. 1917-1919 to Codes and Gen. Laws (Deering), 
Penal Code, sec. 384.] {See also Nos. 10; 14; 15; 16; 17; 
and note 2, pars. 1 and 2, on p. 22.) 



22 



STATE FORESTRY LAWS — CALIFORNIA. 



EXPLANATORY NOTES. 



Note 1. — No terms of ollice are prescribed for the several 
members of the State board of forestry. The State for- 
ester, however, is appointed to hold office "at the pleas- 
ure of the appointing power." No. 2. 

Note 2. — The attorney general for California, in a let- 
ter to the Forest Service, dated July 8, 1920, states as 
follows: 

T[l. "A reading of the California forestry act of 1905, 
which will be termed the basic act, discloses that the 
terms 'voluntary fiiewarden' and 'firewarden' are used 
interchangeably. Therefore, both firewardens and vol- 
untary firewardens have authority, by the basic act, to 
call" upon able-bodied citizens to assist in fighting fire, 
as provided by section 10 of that act. A refusal to com- 
ply will make such persons subject to the penalty imposed 
originally by section 10 of the basic act but now superseded 
by the penalty provided in section 384 of the Penal 
Code. [See No. .57, penally clause and subsec. 5.] With 
this interpretation there is no conflict with chapter 176 
of the statutes of 1919, for the penalty imposed by that 
act would be operative against a person who refused to 
fight fire when commanded to do so by a firewarden 
acting piusuant to authorization of the State forester, 
deputy State forester or an assistant State forester." 

[See Nos. 41 and 44-] 

***** 

112. [Your] "Queries four, five, and .six deal with the fact 
that sections 14, 15, 16, and 17 of the basic act are similar 
to the provisions of section 384 of the Penal Code which 
is a later enactment dealing with the same or similar 
subject matter and in many ways similar. But this reen- 
actment does not repeal any of the sections of the basic 
act or render them inoperative. 

"Many cases may arise which are not covered by both 
enactments. As to these cases, the act under which they 
fall is operative and may be applied. In cases to which 
both enactments might equally apply the latter enact- 
ment and the penalty imposed thereby would, of course, 

prevail." 

***** 

p. "These sections [sec. 9, ch. 264, L. 1905, and sec. 5, 
ch. 176, L. 1919] both confer power on the State forester 
and other oflicers mentioned and these officers will draw 
power from both of the statutes, as the same are not in 
conflict. They will draw power to make arrests for 
forest loss from one statute and powers to make arrests 
tor violations of fire laws fi-oni another or from both. 
When these officers are constituted peace officers it is, 
of course, incumbent upon them, ^vithout further author- 
ity, to make arrests for violation of any State law or county 
ordinance, and it is •witliin the powers of the State of 
California to direct and empower its peace officers to 
make arrests for violations of Federal Law." 

1f4. " Section 4 of the basic act provides for cooperation 
by the State forester with counties, towns, corporations. 



and individuals for protection and management without 
approval of any board. The act of 1919 [ch. 176] enlarges 
the class of cooperators by adding the Federal Govern- 
ment. Under this later act, section 2 (a) the State forester 
may enter into agi'eements with the Federal Government 
without the approval of the board of control. 

" Section 2 (b) he may enter into agreements with coun- 
ties or municipalities for protection, fire suppression or 
management with the approval of the board of control. 
This subsection apparently contemplates expenditure by 
the State. Section 4 of the basic act evidently intended 
that tlie cooperators bear the expense, especially since 
the State had not until 1919 made any appropriation to 
cover such expenses. Moreover, this section 4 applies 
only to the preparation of plans, while section 2 (b), act 
of 1919, embraces active participation by the State for- 
ester not only in plans but in the actual suppression and 
management. The State forester, under section 4 of the 
basic act, would still ha-\e authority to prepare plans with- 
out approval of the board. The two acts should be con- 
strued together, since they are not inconsistent. Sec- 
tion 2 (c), the State forester may enter into agreements 
with private agencies with the approval of the board, the 
State to bear not more than one-third of the expense." 

"The provisions of chapter 176 contemplate agreements 
to be made by the State forester wherein the State is to 
bear a portion of the expense not exceeding one-third, 
and if money is to be paid out by the State other than the 
ordinary fixed operating charges of the State forester's 
department, the agreements which it is contemplated 
that the State forester will make must have the approval 
of the State board of control. If, however, agreements 
are to be made wherein the State is to bear no expense, 
as contemplated by the basic act, the State forester may 
proceed as provided in that act without the approval of 
the State board of control." 

Note 3.. — This note has been deleted. 

Note 4. — Only such laws concerning appropriations 
are usually compiled as provide funds available from 
year to year until expended. Appropriations limited 
to a fixed annual or biennial period of expenditiu-e are 
generally omitted because of the frequent changes in the 
amounts. An exception to this general rule is, however, 
made in the case of the allotments by the State for fire 
protective work in certain restricted areas in California, 
the allotments for which are derived from appropriations 
made biennially. (-See Nos. 45; 46; 4S-54.) 

Note 5. — A so-called "State forestry fund" was also 
provisionally created by Laws 1905, chapter 187, sections 
1, 2; General Laws 1915 (Deeiing), act 1217, sections 1, 2. 
(See volume of Session Laws.) 

Note 6. — There appears to be no specific provision 
made for compensating fire-fighting laborers when im- 
pressed by firewardens under the authority granted them 



STATE FORESTRY LAWS — CALIFORNIA. 



23 



in section 10, chapter 264, Laws 1905 (see No. 10), or when 
impressed by justices of the peace, constables, or road 
overseers (see No. .55); nor for penalties in case of failure 
to comply with sucli summons from a justice of the peace 
constable, or road overseer. 

Note 7. — ^The terms "trustees," ''board of trustees," 
"municipality," and "district," as used in chapter 5G0, 
Laws 1917, are defined and applied in section 9 thereof. 
(See No. S5.) 

Note 8. — ^Such proposals and contracts are optional 
and permissive on the part of the State or any of its political 
corporations or subdivisions mthin the district. No. 36. 

Note 0. — The California Redwood Park is the only 
park mentioned in the act contained in chapter 264, Laws 
1905, and it has since been transferred to other jurisdiction. 
{See, in Sess. Laus vols., L. 1911, ch. 12, sees. 1, 2, 2\; i, 
191.i, ch. 16, sec. 1.) The Hamilton tract is also the only 
tract mentioned in said 1905 act; and it makes no further 
mention of any forest stations. 

Note 10. — The disposition of fines recovered under 
Penal Code, section 3S4, is governed by the general pro- 
visions in Penal Code, sections 1457, 1570, under which 
they go into the county treasury. (See Penal Code volume, 
Deering, 1915.) 



Note 11. — ^The permit feature of Penal Code, section 
384 (see No. 37, subsec. .S), and also of sections 16 and IS of 
chapter 264, Law.s 1905 (see Nos. 16, 18) is a most unusual 
one, since the intention of this particular provision appears 
to be to perform the reverse of the commonly accepted 
function of such legislation in a majority of the other 
States, namely, to provide the Government a means of 
controlling burning, and of prosecuting offenders. In 
the cases under which this feature of the California law 
would seem most likely to be resorted to, the permit 
would appear to function chiefly as a means of legal 
defense, of the permittee, rather than as a safeguard of 
the public interests, sine j possession of a permit from a 
fu'ewarden and compliance therewith constitutes prima 
facie evidence of precautions taken. Issuance of such 
permit is, however, entirely discretionary with the 
firewarden. 

Note 12. — The State lioard of control consists of three 
members, appointed by the governor, to hold office at 
his pleasure, one being designated by the governor to be 
chaiiman. The board superx^ises the financial and 
business policies and acti\ities of the State, inchiding all 
advertisements, publications, and notices by State officers, 
boards, etc. , to be inserted in newspapers or other mediums. 
(See Pol. Code, sec. 654 {Deering, 1915); L. 1911 (extra 
sess.), ch. 5, sec. l=Gen. Laws (Deering, 1915), act 2503.) 



WASItlXOTI 



' rRlXTINO OFFICE : 192: 



Misc. S. 30. 

Forestry Laws Leaflet No. 26. 



Date of 18SUC, December 10, 1921. 



United States Department of Agriculture 

FOREST SERVICE 

WILLIAM B. GREELEY, Forester 



STATE FORESTRY LAWS.' 

INTRODUCED BY CLASSIFIED SYNOPSES 

PENNSYLVANIA 

(SERIAL 1— THROUGH REG. SESS., 1921.)* 

Compiled by Jeannif. S. Peyton, under the direction of Louis S. Mukphy, Forest Examiner, Eastern 
Division, Branch of Forest Management. 



CONTENTS. 



Purpose of compilation 

Synopsis of laws 

General forestry organization ana activities 

Department of forestry, and State forest com- 
mission (formerly. State forestry reserva- 
tion comuiission), with their bureau and 

office organization 

Commissioner of forestry 

Deputy commissioner of forestry 

Chiefs and assistant chiefs of bureaus and 

offices 

District foresters 

Other officers and employees 

Foresters and forest rangers 

Forest "wardens 

Specialists to combat destructive agencies 

other than fires 

'Game and fish officers . 

Department of State police 

Reciprocal enforcement of the forestry, game, 

and fish laws of the State 

Forest distriota 

State forest nurseries 

Cooperation 

Investigation and education 

Publications 



Synopsis of laws — Continued. 

Fire organization and activities 

Department of torestr.y, and State Forest 

Commission 

Commissioner of forestry 

Deputy commissioner of forestry 

Foresters and forest rangers 

Bureau of forest protection 

Chief forest firewarden 

Subordinate forest firewardens 

District firewardens 

Local forest firewardens 

Special and ex officio fore.st firewardens. 

Fire, game, and fisJi wardens 

Members of the State police force (act 

as firewardens) 

Watchmen and patrolmen 

Flre-fightlng laborers 

Constables and other peace officers 

Detective and legal services 

Department of State police 

Game and fish officers 

Public service commission 

Attorney general 

Clerical assistants 

Cooperation 



10 



' The State Forestry Laws leaflets which have been 
already published are as follows : No. 1, Wisconsin ; No. 2, 
Louisiana ; No. 3, North Carolina ; No. 4, Maryland ; No. 5, 
Missouri ; No. 6, Texas ; No. 7, Virginia ; No. 8, Idaho ; 
No. 9, Oregon; No. 10, Wyoming; No. 11, New Jersey 
(supply exhausted) ; No. 12, Washington ; No. 13, Indiana; 
No. 14, Minnesota ; No. 15, Montana ; No. 16, Illinois ; 
No. 17, Ohio ; No. IS. Connecticut ; No. 19. Massachusetts ; 
No. 20, New Ilampshire ; No. 21, Colorado ; No. 22, West 
Virginia ; No. 23. New York ; No. 24, Vermont ; No. 25, 
California. Requests for leaflets should always identity 
the particular ones desired by giving their respective num- 
bers, as here indicated, in addition to mentioning the names 
of the States. The laws of other States, so far as they 
50797—21 1 



have been compiled, are available only for loan, through the 
Forest Service Library, Washington, D. C. 

Whenever this leaflet or any other comprising a part of 
this compilation of State Forestry Laws Is reprinted for 
local use, please append thereto the following: Note. — 
This arrangement of the Forestry Laws of .... Is re- 
printed from State Forestry Laws, compiled and Issued In 
leaflet form by the Forest Service, U. S. Department of 
Agriculture. Similar leaflets for other States, so far as 
available, and information concerning forestry laws gen- 
erally will be furnished upon request addressed to The 
Forester, Forest Service, Washington. D. C. 

♦ See footnote 13, attached to No. 11, on p. 24. 



■'^'p> 



STATE FORESTRY I,AWS — PENNSYLVANIA. 



Synopsis of laws — ruiitiiiucil. 

Fire organization and activities — Continued. 

Reciprocal enforcement of tlie forestry, game 

and fish laws 

Distribution of costs of fire protection 

Investigation and education relative forest 

fires 

Publications 

Compulsory responsibility imposed for pro- 
tection of forest lands 

Public nuisance 

Brush and slash disposal 

Kindling fires in the open 

Railroads 

Traction and other portable steam en- 
gines 

Landowners' responsibilities 

I'ublic forests 

State forests 

Purpose 

Acquirement of lands and of surface 

rights 

Status of lands and of surface rights 

Disposal of lands 

Fixed annual charge on State forests, in 

lieu of taxes 

Receipts and proceeds 

Fires 

Timber trespass and other damage 

Fire and other warning notices 

Violation of rules and regulations 

Administrative officers' general powers 
and duties 



Synopsis of laws — Continued. Page. 

Public forests — Continued. 

State forests — Continued. 

Local officers and employees 18 

Department of State police 18 

Auxiliary State forests. (Auxiliary forest 

reserves) 18 

Purpose 18 

Status 18 

Public control imposed by the State 18 

Concessions granted by the State 18 

Municipal forests 18 

Purpose IS 

Acquirement of lands 18 

.\dminIstratlon 19 

Hi.sposition of proceeds 19 

Alienation of lands 19 

Officers' general powers and duties 19 

Taxation 19 

Auxiliary forest reserves 19 

Purpose 19 

Classification of lauds 19 

Removal from classification 20 

Annual, or general property, tax 20 

Yield tax 20 

Reforestation of the lands by the owner. 21 

Public control imposed by the State 21 

Concessions granted by the State 21 

Commission's general powers and duties. 21 

Text of laws 21 

Group of acts constituting firewarden system 

prior to 1915 39 



PURPOSE OF COMPILATION. 

The compilation of State Forestry Laws, of which this leaflet is a part, aims to meet 
a manifest need of the times for a work of reference by means of which the basic legislation 
underlying forestry administration in the several States, and the various activities there- 
under, may readily be studied and compared. To facilitate this purpose of comparing the 
legislation of one State with another, the Synopses introducing the laws in the several 
leaflets are classified and arranged to take up in a definite oi'der the various subjects usually 
covered in such legislation. To further extend this educational purpose, only such of the 
State laws as bear more or less directly upon the practice of forestry are here compiled, to 
the exclusion of all other timber and tree laws, all forest-insect and fuiigus-control laws, 
except general provisions, and all transitory provisions of law, including those concerning 
annual or biennial appropriations. For the same reason, those finer points of reference 
pi'oper only to a legal or administrative manual have also been omitted. Succeeding issues 
of each State leaflet, to form a separate series for each State, will serve to keep these funda- 
mental laws up to date and free from encumbrance by obsolete provisions. 



SYNOPSIS OF LAWS. 
GENERAL FORESTRY ORGANIZATION AND ACTIVITIES. 



Department of Forestry, and State Forest Commis- 
sion (fmuierly. State Forc-itrji Rencrvation Com- 
mission), with their Bureau and Office organization. 

Consist of the Coiiimis!3ioner of Forestr.v and four 
other citizens, the Commissioner being the President 
and e.xecutive officer of the Commission (Nos. 11 (ii) ; 
13) ; and all of sai<l numbers : 



Are appointed by tlie Governor with the advice 
and consent of the senate, for terms of four years 
each. No. 11 (a). 

Note. — As provided by the legislation orig- 
inally enacted (L. 1901, act 9, sec. 1), the 
terms which are being served by the present 
members expire in pairs, sepiirated by an 
interval of two years. 



STATE FORESTUY LAWS PENNSYLVANIA. 



Are allowed travelling and other necessary ex- 
pcnsos; and the Comuiissioner receives, in addi- 
tion, a salary of $8,000, and is provided with office 
and supplies at the State Capitol. Nos. 11 ; 15. 

Comprise the followiiii; Bureaus and Offices: Bureau 
iif Oijeration, Bureau of .'Silviculture, Bureau of Lands, 
Bureau of Forest Trolection, Office of Kesearch, Office 
of Information, and Office of Maintenance; and assign 
to such Bureaus and Offices the powers and duties of 
the Department; subject, however, to the complete 
supervisory control and direction of the Commission 
and Commissiouer. No. 11 (c). 

.\t>point and assign to selected lines of work Forest 
Officers specially qualified therefoi', to act as Chiefs 
and Assistant Chiefs of said Bureaus and Offices, 
whenever ami to the extent that the Commission may 
itccui such Assistant Chiefs necessary, and also as 
Histrict Foresters, Foresters, and Forest Hangers: 
and employ and assign to duty other necessary per- 
sonnel ; and fix their comi)eusation. Nos. 11 (e), (d) ; 
13; 120. 

Enforce forest laws, and adopt and execute rules and 
regulations thereunder. Nos. 11 (d), (e), (g) ; 13. 

I)i\ide the State into such Forest Districts as the 
Commission may deem necessary for general adminis- 
trative purposes (see "Forest Districts," on p. J/) ; 
and assign District Foresters to take active charge 
thereof, and also such Foresters, Forest Rangers, and 
other help as may be necessary. No. 11 (d), (e). 

Grow and distribute young forest trees and give neces- 
sary instructions and assistance in planting the same. 
Nos. 79; SO; 81; 11 (d). 

.Approve selections of lands for National Fcu'csis. 
No. 48. 

Notify all forest officers and employees of require- 
ments concerning safeguarding the State's forestry, 
game, and fish interests; and refer to the proper de- 
partment all reports received in regard to violation 
of laws in relation thereto. No. 82. 

Report upon the work of the Department, and also 
issue individual publications furnishing information 
in regard to forest lands and forestry. Nos. 11 (d) ; 
13. 

Apportion to the several appropriations for the De- 
partment the proportionate amounts to be paid there- 
from for expenses incurred, respectively, for forest 
protection and for other line.s of administrative work. 
No. 92. 

Perform various additional duties in connection with 
forest fires. State forests, and forest taxation; which 
see under the following captions, respectively : " Fire 



organization and Activities," p. 5; "Public Forests," 
1>. 14 ; " Taxation," p. 19. 

Commissioner of Forestry. 

Is appointed by the Governor, with the advice and 
consent of the senate, for a term of four years, and 
is required to be a technically trained forester. No. 
U (a), (f). 

Receives a salary of ifS.OOO per annum, and traveling 
expenses. No. 14. 

Is required to give l)on(l. No. 19. 

Has office and supplies furnished him at the State 
capitol. No. l.j. 

Is President and Executive Officer of the Commission. 
No. 13. For the powers and duties of which, see " De- 
liartment of Forestry and State Forest Commission," 
a hove. 

Deputy Commissioner of Forestry. 

Is appointed liy the Governor ; and is required to be a 
technically trained forester. Nos. 22 (a) ; 11(f). 

Receives a salary of $6,000 per annum. No. 14. 

Note. — From the character of the office, it may 
reasonably be presumed, in the absence of any 
specific provision on the subject, that the Deputy 
Commissioner acts under the direction of the Com- 
missioner, and also acts for, and performs the 
duties of the Commissioner in his absence. 

Is required, under penalty, to safeguard, in a reason- 
able w'ay, the State's forestry, game, and fish inter- 
ests. No. 82. 

Chiefs and Assistant Chiefs of Bureaus and OflBces. 

.Vre forest officers, appointed by tl\e Connnission, and 
assigned thereby to act as such chiefs and assistant 
diiefs. and who are required to he specially qualified 
to [lerform the duties thereof — the Chiefs and Assist- 
ant Chiefs of the Bureau of Operation, Forest Protec- 
tion, and Silviculture, and the Chief and Assistant 
Cliief of the Office of Research being also required to 
be teclmically trained Foresters. Nos. 11(e), (f) ; 86. 

Receive compensation in amounts fixed by the Com- 
mission, subject, however, to the provision, " That the 
salary of any of the chiefs of bureaus and offices 
shall not exceed the sum of five thousand dollars per 
annum." No. 11(e), (c). See also No. 88. 

District Foresters. 

.\ie technically trained foresters, appointed by the 
Commission, and assigned thereby to take active 
charge of Forest Districts, for which work they must 
he especially qualified ; and are subject to the author- 
ity and control of the Commissioner. Nos. 11(d), 
(e), (f); 85. 



STATE FORESTRY LAWS — PENNSYLVANIA. 



Receive a .salary fixed by the Commission, No. 11(e) ; 
and necessary expenses. No. 92. 

Perform such duties as are required to effect the pur- 
poses for which the Forest Districts are established. 
See Forest Distriels, on p. J/. 

Are required, under penalty, to safeguard, in a 
reasonable way, the State's forestry, game, and fish 
interests. No. 82. 

Other Officers and Employees. 

Foresters and Forest Rangers — 

Are appointed by the Commission, and assigned 
thereby to selected lines of work for which they must 
he specially qualified; with the added requirement, in 
the case of Foresters, that they shall be educated and 
trained in forestry. No. 11(d), (e), (f). 

Receive compensation in amounts fixed by the Com- 
mission. 11(e) ; and necessary expenses. No. 92. 

Are required, under penalty, to make reports to the 
Department, upi>n all cases coming to their knowledge 
of violation of any of the forestry, game, or fish laws 
of the State, and to safeguard, in a reasonable way, 
the State's forestry, game, and fish interests. No. 82. 

Forest Wardens — 

Members of the State Police Force are authorized and 

empowered to act as Forest Wardens. No. 138. 

Specialists to Combat Destructive Agencies Other 
tlian Fires — 

Are assigned to the Bureau of Forest Protection by 
the Commissioner, who fixes their salaries at rates 
not to exceed the amounts usually paid for such 
services ; their salaries being paid out of the general 
forest protection approprialion. No. 120. For other 
inisccUancotis personnel, see, under "Administrative 
Officers' General Powers and Duties," on p. 16, the 
powers of such officers to employ and assign to duty 
necessari/ assistants, and labor. 

May enter upon lands in tlie discharge of their duties. 
No. 103. 

Are required, under penalty, to safeguard, in a 
reasonable way, the State's forestry, game, and fish 
interest.s. No. 82. 

Game and Fish Officers — 

Are required, under penalty, to safeguard, in a reason- 
able way, the State's forestry, game, and fish interests. 
No. 82. 

Department of State Police. 

Is required to aid in the enforcement of all laws re- 
lating to forestry, game, fish, and water supply (No. 
138) ; and may, with the approval of the Governor, be 
called upon, by any other department of the State, to 
enforce all laws or regulations applicable thereto. 
No. 138 (a). 



Reciprocal Enforcement of the Forestry, Game, and 
Fish Laws of the State. 

Is required of each of the departments and of all the 
officials therein ; their powers being extended accord- 
ingly, and the following duties imposed upon them: 

The officials of each department are lequired, 
under penalty, to make reports to their respective 
departments upon all cases coming to their knowl- 
edge of violation of any of tlie forestry, game, or 
fish laws of the State, for due reference, if neces- 
sary, to the department having charge of the sub- 
ject in question, and for ijrosecutiou of the offend- 
ers, under the direction of such department. No. 
82. 

Every person connected with said departments, 
and under pay of the State, is required, under 
penalty, to safeguard, in a reasonable way, the 
State's forestry, game, and fish interests. No. 82. 

The respective heads of the departments are re- 
quired to notify their employees of the obligations 
so imposed upon them. No. 82. 

Forest Districts. 

.Vre established by the Commission in order to facill- 
t..te its work for the following purposes: 

To administer, protect, develop, and utilize the 
State Forest lands and resources. No. 11(d) ; 

To protect all forest lands in the State from forest 
fires, fungi, insects, and other enemies. No. 11(d) ; 

To promote and develop forestry and knowledge of 
forestry throughout the State. No. 11(d) ; 

To advise and assist landowners in the planting of 
fores and shade trees. No. 11 (d) ; 

To render reports uix)n the conduct of the Depart- 
ment. No. 11(d) ; 

To obtain and publish information respecting forest 
lands and fore.stry in the State. No. 11(d) ; 

To assist in Arbor Day work ; and promote and 
advance any other activit.'' ^fi local forestry which 
the Department may deem helpful to the public 
interests. No. 11(d) ; 

To execute its rules and regulations for the protec- 
tion of forests from fire and depredation. No. 
11(d). 

State Forest Nurseries. 

Supply young forest-trees for planting by the Depart- 
ment, and also, in event of excess stock, for distribu- 
tion to applicants (without charge, further than cost 
or boxing and shipping), under agreement by the 
applicant to plant the same in accordance with regu- 
lations by the Department — sale thereof being pro- 
hibited. Nos. 79; 80; 81. 

Are managed by the Department. Nos. 79 ; SO ; 81. 



STATE FORESTKY LAWS PENNSYLVANIA. 



Cooperation. 

H.v the State with the Fodoral Government i.s author- 
ized, under approval of the State Forest Commission 
and the Water Supply Commission, for the purijose 
of enabling the United States to acquire title to lands 
for National Forests and to provide for the liianage- 
ment thereof (Nos. 48-52), subject to the following 
conditions : 

Concurrent jurisdiction with the United States 
is retained by the State in and over such lands 
in re.spect to the execution of civil and criminal 
processes. No. 48. 

State Forest lands are not subject to condenma- 
tion for sucii purposes. No. 51. 

P.y the Department with the Board of Game Commis- 
sioners, and the Department of Fisheries is required. 



in order to insure reciprocal enforcement of the for- 
estry, game, and fish laws of the State. No. 82. 

Investigation and Education. 

Are promoted by the collection and publication of for- 
estry data. Nos. 11 (d) ; 1.3; 87 (e), (f), (g) ; 91 (b). 

Publications. 

.\ro issued by the Counnissioner in the form : 

Of reports upon the progress and general manage- 
ment of the work of the Department. Nos. 11 

(,d): S7 (e), (f), (g). 

Of individual publications concerning the extent 
and condition of forest lands in the State, and 
furnishing such information in regard to forestry 
and other related matters as may be deemed ad- 
visable. Nos. 13; 11 (d) ; 87 (f), (g). 



FIRE ORGANIZATION AND ACTIVITIES. 



Department of Forestry and State Forest Commis- 
sion. 

Direct operation of the Bureau of Forest Protection, 
established therein. No. 85; 11(c). 
Fix rate per hour of compensation of Local Forest 
Firewardens. No. 97. 

Commissioner of Forestry. 

Has executive charge and control of the personnel of 
the Bureau. No. 85; 11 (c) ; 13. 

Appoints a forester in tlic employ of the Deiiartment 
to be Chief of the Bureau of Forest Protection, who, 
by \irtue of his appointment, becomes also Chief 
Forast Firewarden. No. 86. 

Assigns duties to district firewardens whenever neces- 
sary. No. 91 (i) 

Hears and disposes of charges against firewardens. 
No. 107. 

Assigns clerical assist...,its to the Bureau. No. 80. 

Cooperates in fire protection work : 

Vnder General Authority Given the Department — 
With county, township, municipal, and private 
agencies. No. 123. 

With the Board of Game Commissioners, and the 
Department of Fisheries, through reciprocal en- 
forcement of the forestry, game, and fish laws of 
the State. No. 82. 

I'Hilcr Direct Authority Given Him — 

With persons, firms, corporations, and a.s.socia- 
tions, through approval of agreements entered 
into, by the Chief Forest Firewarden, with such 
agencies. No. 87 (j). 



Enforces rules and regulations prescribed by the Com- 
mission for protection of forests from fire. Nos. 13 ; 
11 (d). (ei. 

Files information concerning violation of forest tire 
laws, with Attorney General, for legal action. No. 
87 (p). 

.\pproves rate of compensation for fire-fighting labor- 
ers, fixed by the Chief Forest Firewarden. No. 106. 

Furnishes forms for fire-fighting expense accounts. 

No. 96 (b). 

.\udits and approves montlily expense accounts for 
forest fire protection work under cooperative agree- 
ments autliorized by act 361, L. 1915, and transmits 
them to the Auditor General (No. 123) ; and also 
transmits to the Auditor General bills for forest fire 
protection work which have been audited by the Chief 
Iforest Firewarden, under authority of act 353. L. 1915. 
\o. 87 (1). 

.Vutliorizes the ('ilucali<jnal work conducted by tlif 
Chief Forest Firewarden concerning forest lir(>s. No. 
87 (k). 

I>irects publication of the annual report of the Chief 
Forest Firewarden, with list of Firewardens (No. 
87e), and the publication of such maps, drafts, and 
tables, submitted by the Chief Firewarden, as ma.v be 
deemed iidvisable, eitlier as a part of said report or as 
a separate bulletin. No. 87 (f), (g). 

Note. — Under the fire protection system (Nos. 
152-180) which preceded the present system, the 
Commissioner acted as Chief Firewarden. (Sef. 
footnote 29, on p. .39. ) 



6 



STATE FORESTRY LAWS PENNSYLVANIA. 



Deputy Commissioner of Forestry. 

Note. — As regards the present duties, in general, 
of the Depnt.v Commissioner, wliicli include the 
matter of forest tires, see note on p. 3, under the 
heading "Deputy Commissioner of Forestrii." 
Under the previous fire protective system, the 
Deputy Commissioner acted as Deputy Chief Fire- 
warden. (See No. 160; and also footnote 29, on 
p. 39.) 

Foresters and Forest Rangers. 

Are Forest Firewardens, ex officio (No. 99), in addi- 
tion to being required to enforce all laws relating to 
forestry. No. 82. See also "Special and Ex Officio 
Firetvardens," on p. 9; and " Foresters and Forest 
Rangers," on p. 1/. 

Bureau of Forest Protection. 

Is established within the Department ; and its execu- 
tive officer, who is appointed by the Commissioner, is 
designated Chief of the Bureau of Forest Protection, 
and is a technically trained forester, especially quali- 
fied for the work ; who, with the other personnel, is 
subject to the supervisory control and direction of the 
Commission and Commis.sioner. Nos. 85; 86; 11 (e), 
(f), (c). 

An Assistant Chief of the Bureau may also be ap- 
pointed or assigned thereto, in the discretion of the 
Commission. No. 11 (e). 

Compensation of its officers and employees is fixed by 
the Commission — the maximum amount of salary, in 
the case of the Chief of the Bureau, being $5,000 per 
annum ; and all salaries, wages, and expenses of the 
Bureau are paid from the appropriation for forest 
protection. Nos. 11 (e), (c) ; 88. 

Chief Forest Firewarden. 

Is the Chief of the Bureau of Forest Protection, who, 
by virtue of his app(jintment, becomes also the Chief 
Forest Firewarden ; and is subject to the supervisory 
control and direction of the Commission and Commis- 
sioner. Nos. 86; 85; 11 (c). 

Receives compensation in his capacity as Chief of the 
Bureau. No. 88. Concerning the amount and payment 
of such compensation, see " Bureau of Forest Protec- 
tion," above. 

Takes such measures for the prevention and ex- 
tinguishment of forest fires as will insure a reason- 
able protection to woodlots, forests, and wild lands 
within the State. No. 87 (a). See also footnote 2y, 
on p. 39, concerning reorganization of the earlier fire 
protection system in order to make it conform to this 
present system. 

Enters upon lands for fire protection purposes, and 
otherwise discharges his firewarden duties without in- 



curring personal liability (Nos. 103; 105); all at- 
tempts at hindering him being prohibited under a 
penalty of fine or imprisonment, or both (No. 115), in 
conjunction with the right of appeal to the Commis- 
sioner being reserved to all who may feel aggrieved 
by the act of a Firewarden. No. 107. 

Organizes and manages the present system of Forest 
Firewardens ; and, in doing so, reorganizes the former 
system (see Nos. 152-180) to conform thereto as 
rapidly as possible. No. 87 (b), (c). See also foot- 
note 29, on page 39. 

Assigns duties to District Firewardens whenever nec- 
essary. No. 91 (i). 

Appoints : 

Local Firewardens upon recommendation of the 
District Firewardens, or upon his own personal 
knowledge of their fitness, when there is no 
District Firewarden for the fire district in ques- 
tion (Nos. 91 (c) ; 93; 94) ; and appoints them 
to serve as Watchmen or Patrolmen, whenever 
conditions require such services. Nos. 87(1) ; 
96 (f). 

Special and Ex Officio Forest Firewardens; and 
may change or extend their duties. No. 98. 

Enters into agreements, with the consent of the 
Commissioner, with persons, firms, corporations, and 
associations, upon satisfactory terms, for prevention 
and control of forest fires. No. 87 (j). See also 
Nos. 123; 91 (h). 

Organizes and operates a system of fire-towers and 
lookout stations; purchases material and equipment 
therefor, and hires the necessary labor. No. 87 (h). 

Has authority, when property constitutes a special 
forest fire hazard, to declare it a public nuisance : 
and notifies and advises the owner as to abatement 
or removal. No. 87 (n), (o). See also No. 116. 

Prescribes, under approval of the Public Service Com- 
mission, regulations to prevent railroads from caus- 
ing forest fires (No. 109) ; and, when necessary, issues 
notices to railroads requiring compliance therewith 
within a stated time limit. No. 118. 

Employ.s, or impresses, assistance in extinguishing 
forest fires (No. 101) ; and fixes rate of compensa- 
tion for such ser\ices, under approval of the Com- 
missioner. No. 106. 

Audits bills for forest fire protection work under act 
353, L. 1915; transmits to the Conmiissioner such as 
are correct and have been presented within the 60- 
days time limit ; and, upon receipt of checks there- 
tor, forwards same to the payees. Nos. 87 (1), (m). 



STATK KORESTR'S' LAWS PENKSYLVAXIA. 



Adiiiiuisters oaths or atlinnations to persons who fur- 
nish information concerning forest fires, or who claim 
compensation for services rendered. No. 102. 

.\rrests, witliout warrant, persons detected in tlie act 
of violating any of the laws for the protection of for- 
ests, woodlots, timber, or wild lands, or when there is 
reasonable evidence to that effect or for believing that 
such offense is about to be committed ; and takes the 
offenders before a justice of the peace or other magis- 
Irate for hearing, trial, or other jiroccss of law. No. 
KM. 

■Submits to the Commissioner, for legal action, in- 
formation concerning violation of forest tire laws. 
No. 87 (p). 

('(iiiilMcts educational work concerning forest fires 
iMiilei- approval of the Commissioner. No. 87 (k). 

Compiles forest tire data for the information of the 
Commissioner and the public ; the maps, drafts, and 
tables being published in the discretion, and under 
the direction of the Commissioner, either as a part of 
the annual report of the Chief Forest Firewarden or 
as .separate bulletins of the Department. No. 87 (f), 
(g). 

Makes annual rejiort to the Commissioner ; which, 
with a list of the Firewardens is published by the 
Department. No. 87 (e). 

Is required, under penalty, to safegtiard in a reason- 
able way, the State's forestry, gann-, and fish in- 
terests. No. 82. 

Is criminally liable for neglect of duty or falsifying 
accounts, or for failure to settle promptly for services 
rendered by others, and subject to a fine of not ex- 
ceeding $100, or imprisonment not to exceed three 
months, or both fine and imprisonment (No. 113) ; 
the fines being paid into the county treasury. No. 
119. 

Subordinate Forest Firewardens. 

district Firewardens — 

Are District Foresters, who, iu virtue of their appoint- 
ment, become also District Firewardens (No. 90) ; 
and who are subject to the supervisory control and 
direction of the Commission and Commissioner. Nos. 
S.->; n (c). 

lieceive compensation in their capacity as District 
Foresters. Concerning the mutter of such salaricK am! 
rxpcnscK. ner " I^i.^trict Fore.<ter.s." nn /). S. 

Establish headquarters within their districts. No. 
01 (a). 



Act as field representatives of the Chief Forest Fire- 
warvlen, and are under his direction. No. 91 (a). 

Hecominend : Appointment of I^ocal Firewardens; 
location of fire-towers; employment of patrolmen; re- 
gions to be patrolled; and other details in the protec- 
tion system. No. 91 (c). 

Inspect the work of, and assist. Local Firewardens 
(No. 91g) ; and a.ssign duties to them when they are 
designated Fatrolmen or Watchmen. No. 96 (f). 

.Xrrange annual meetings of the Firewardens within 
their respective ilistricts, for instruction. No. 91 (d). 

Employ or impress assistance in extinguishing forest 
fires. No. 101. 

Enter upon lands for fire protection purposes, and 
otherwise discharge their firewarden duties without 
incurring personal liability (Nos. 103; 105), all at- 
tempts at hindering them being prohibited under a 
penalty of fine or imprisonment, or both. No. 115. 

Report to the Chief Forest Firewarden conditions ex- 
isting in their respective districts conducive to forest 
fire hazards ; and serve notices, issued by the Chief 
Forest Firewarden, for the correction of such condi- 
tions. No. 91 (e) 

Develop cooperation between local agencies and the 
Department for the prevention and suppression of 
forest fires. No. 91 (h). Kee a'w \<>x. 123: S7 (;"). 

Arrest, without warrant, persons detected in the act 
of violating any of the laws for the protection of 
forests, woodlots, timber, or wild lands, when there is 
reasonable evidence to that effect or for believing that 
such offense is about to be committed ; and take the 
offenders before a justice of the peace or other 
magistrate for hearing, trial, or other process of law. 
No. 104. 

Administer oaths to persons who furnish information 
concerning forest fires, or who claim compensation for 
.services rendered. No. 102. 

Receive, audit, and approve, before submitting to the 
Chief Forest Firewarden, reports and accounts of the 
Local Firewardens, No. 91 (f ) ; and in the case of fire 
accounts are required to forward them within sixty 
days from the date of the fire. No. 96 (b). 

Coniluct educational work. No. 91 (h). 

Are responsible for the i-ollection of forest fire data. 
No. 91 (b). 

.\re required, under penalty, to safeguard in a reason- 
able way, the State's forestry, game, and fish interests. 
No. 82. 



8 



STATE FORESTRY LAWS PENNSYLVANIA. 



Perform such other duties as may be assigned them 
by thither the Couiinissioner or the Chief Fol'est Fire- 
warden. No. 91 (1). 

Are criminally liable for neglect of duty or falsifying 
accounts, or for failure to settle promptly for services 
rendered by others ; and are subject to a fine therefor 
not exceeding .^100, or imprisonment not to exceed 
three months, or both fine and imprisonment. (No. 
113) ; the fines being paid into the county treasury. 
No. 119. 

Note. — The firewarden system which preceded 
the present system also made provision for 
the appointment of District Firewardens and as- 
signed tlieni duties (see No. 161, et seq.; and also 
footnote 29, on p. 39). 

Local Forest Firewardens — 

Are appointed by the Chief Forest Firewarden, in 
such localities as he may deem best, upon recommen- 
dation of the District Firewardens for the several 
fire districts, or, where there is no District Fire- 
warden, upon personal knowledge on tlie part of the 
Cliief Forest Firewarden, as to their fitness. (Nos, 
91 (c) ; 93; 94) ; and are subject to the authority and 
control of the Commissioner. No, 85. 

Are required to possess the following qualifications : 
Physical fitness, sobriety, honesty, and ability to per- 
form the duties of their ofllce. No. 93. 

Are furnished certificates of appointment, and may 
be given badges, in the discretion of the Chief Forest 
Firewarden. No. 95. 

Receive compensation at a rate per hour to be fixed, 
from time to time, by the commission, not exceeding 
a maximum of .^O cents per hour for time actually 
employed, and ex|ienses ; the total amount that may bo 
paid, from the forest protection appropriation to a 
Local Forest Firewarden, in any one month, being 
limited to a sum not to exceed .$75, unless he shall 
have been regularly employed as a i)atrolman or 
otherwise. No. 97. 

Take prompt measures to extinguish forest fires on 
both State and private lands. No. 96 (a). 

Employ or impress, needed as.sistance in extinguishing 
forest fires. No. 101. 

Enter upon lands for fire protection purposes, and 
otherwise discharge their firewarden duties without 
incurring personal liability (Nos. 103; 105), all at- 
tempts at hindering tliem being prohibited under a 
penalty of fine or ini|)risonment. or both (No. 115) ; 
in connection with which, the right of appeal to the 
Commissioner is reserved to all who may feel ag- 
grieved by the act of a Firewarden. No. 107. 



Investigate causes of fires and report evidence and 
other facts to the Chief Forest Firewarden. No. 
96 (c). 

.\dminister oaths or affirmations to persons who fur- 
nish information concerning forest fires or who claim 
compensation tor services rendered. No. 102. 

File fire-flghting expense accounts with the District 
Firevfardens, for forwarding to the Chief Forest Fire- 
warden ; and transmit, to payees, checks received 
from the State treasury. No. 96 (b), (d). 

See also No. 108, prohibiting payment of compensation, 
under Act 35S, L. 1915, for fire-pjliting services, to 
any owner or lessee of land on which fire may hum or 
be started, or to any employee thereof, or other inter- 
ested party; or payutcnt by a Firewarden for such 
services, to any person responsible for the spreading 
of a fire to a looodlot, fm-est, or wild Innd, or to any 
one in his employ. 

Serve as Watchmen and Patrohueu when so appointed 
by the Chief Forest Firewarden (No. 871) ; and as 
such perform whatever duties may be assigned them 
by either the Chief Forest Firewarden or the District 
Firewardens. No. 96 (f). 

Issue permits for setting fires, during the open sea- 
sons, on forest lands on which there are oil- or gas- 
producing wells ; and are required to be present when 
such fires are started. No. 29. 

.\rrest, without warrant, persons detected in the act 
of violating any of the laws for the protection of for- 
ests, woodlots, timber, or wild lands, when there is 
reasonable evidence to that effect or for believing that 
such offense is about to be committed ; and take the 
offenders before a justice of the peace or other magis- 
trate, having jurisdiction for hearing, trial, or other 
process of law. No. 104. See also No. 22, for .Hmilar 
authority granted all persons employed by the Com- 
missioner for protection of State Forests. 

Attend annual district meetings of Firewardens when 
notified, or present a reasonable excuse. No. 96 (o). 

.Are required, under penalty, to safeguard in a reason- 
able way, the State's forestry, game, and fish interests. 
Xo. S2. 

Are criminally liable for neglect of duty or falsifying 
accounts, or for failure to settle promptly for services 
rendered l)y others; and subject to a fine therefor not 
exceeding .$100, or imprisonment not to exceed three 
months, or both fine and imprisonment (No. 113) : 
the fines lieing paid info the county treasury. No. 
119. 

Note.— The firewarden system which preceded 
the present system also made provision for the 



STATE FOKESTRY LAWS — PENNSYLVANIA. 



nppoiiitniont of a class of Firewardens corre- 
sponding in f-'rade to tliese Local Firewardens, 
under the title o( Assistant Firewardens, and 
provided for tlieir powers and duties (.see Nus. 
162, JOG, ct seq.) It also provided for the em- 
ployment of substitutes when necessary {see No. 
172). 
Hcc also Footnote 29, on p. 39. 

Special and Ex Officio Forest Fireicardots — 

May be appointed by the Chief Forest Firewarden, to 
serve without compensation olher than their expenses 
(Xos. 98; 100) ; and Foresters and Forest Rangers are 
also Forest Firewardens, ex officio. No. 99. 

Have tlie same power and authority as Local Forest 
Firewardens (see above, "Local Forest Fire- 
wardens,") ; their duties being subject to change or 
extension Ijy the Chief Forest Firewarden. No. 98. 

.Vre criminally liable for neglect of duty or falsifying 
their accounts, or for failure to settle promptly for 
services rendered by others ; and subject to a fine not 
exceeding .$100, or imprisonment not exceeding three 
months, or both fine and imprisonment (No. 113) ; 
the fines being paid into the county treasury. No. 
119. 

Note 1. — The firewarden system which pre- 
ceded the present system also constituted the em- 
ployees of the Department Ex Officio Firewardens, 
anil assigned them duties {.sec X<i. Hi'i ; and alxo 
footnote 29, on p. 39). 

Note 2. — In addition to performing the fire- 
warden duties, above shown, such of the Rx Officio 
Firewardens as are in the pay of the State are 
retiuired, under penalty, to safeguard, in a reason- 
able way, the State's forestry, game, and fish in- 
terests. No. 82. 

Fire, (laiiic, and Fixlt Wardens. — 

Note. — The firewarden system which preceded 
the present system constituted Constables Ex 
Officio Fire, Game, and Fish Wardens, and as- 
signed them duties. See Nos. 1.53-156; and al.so 
footnote 29, on p. 39. 

Memhers of the State Police Force — 

Are authorized and empowered to act as Firewardens. 

No. 138. 

Watchmen and Patrolmen — ■ 

Are selected from the force of Local Firewardens, and 
appointed, by the Chief Barest Firewarden, during dry 
seasons and in regions subject to great fire risks, pref- 
erence in selection being given to Firewardens who 
have proved efficient (No. 87 i) ; and recommendations 
for the employment of Patrolmen are also made by 
District Firewardens. No. 91 (c). 

Perform such duties as may be assigned them by either 
the Chief Forest Firewarden, or the District Fire- 
.50797—21 2 



warden. No. 96 (f). See also, under the heading, 
" Iiocal Firewardens," on p. 8, the poxiers and duties 
of Local Firewardens, and penalty for failure to prop- 
erly discharye such duties. 

NoTK. — Tlie firewarden system which preceded 
the iiresent system also made provision for patrol 
work during tlie fire seasons, by Firewardens 
deslgn.-ited for that duty (.see Xo-t. 176; 177 ; and 
also Footnote 29, on p. 39). 

Fire-Fighting Laborers. 

-Vre employed, or impressed wlien necessary, by Fire- 
wardens (No. 101 ) ; subject, in case of failure, without 
just cause, to comply with such summons, to a penalty 
of a fine not exceeding ,$100, or imprisonment not ex- 
ceeding one month, or both such fine and imprison- 
ment ; the fines being paid into tlie county treasury. 
Xos. 114; 119. 

Receive compensation at a rate per hour not to ex- 
ceed 40 cents; which rate is fixed for each fire 
district by the Cliief Forest Firewarden, with the 
approval of the Commissioner, and is based upon 
w.ige rates for day labor within the respective dis- 
tricts. No. 106. 

May be recpiired liy Firewardens to make oath to 
tlieir slati'ineiits when claiming compensation. No. 
102. 

.■^ee also No. lOS, prohihitiny pai/metit of compensa- 
tion, under the fire protcctimi act {Xo. 333, L. 1915), 
for fire-fiyhting serrices. to any owner or lessee of land 
on n-hich fire may burn or be started, or to any em- 
ployee thereof, or other party haviny a vested interest 
in the land; or payment, by a Firewarden, for such 
.services, to any person responsible for the .spreading 
of a fire to a woodlot, forest, or wild land, or to any 
one in his employ. (See also Nos. 165 ; 173.) 

NoTK. — The firewarden system which preceded 
the present system made provision for Fireward- 
ens employing, or impressing a.ssistance in fire- 
figliting, and also for conipcnsating ])arties, who 
in the absence of a Firewarden, conibatted forest 
lii-es without lieing jireviously employed for the 
purpose (see Kos. 163; 173; 179; and also foot- 
note 29, on p. 39). 

Constables and Other Peace Officers. 

.Vrrest, without warrant, violators of any of the laws 
for the protection of forest or timber lands. No. 9. 

Constables exercise the same authority when oper- 
ating as Fire, Game, and Fish Wardens. Nos. 153-156. 

Detective and Legal Services. 

Note. — Tlie firewarden system which preceded 
the present system re(iuired County Commission- 
ers to aiMioiiit pers(ms to detect and bring to pun- 
ishment violators of forest fire laws ; and to take 



10 



STATE FORESTRY LAWS PENNSYLVANIA. 



measures to extinguish fires (No. 152) ; and in 
event of their failure to do so or their appoint- 
ment of inefficient persons, empowered the Com- 
missioner of Forestry, upon request of residents 
or landowners, to appoint detectives and employ 
attorneys for the work {see Nos. 157; 158; and 
also footnote 29, on p. S9). 

For similar authority to employ such services 
under the present firewarden system, see No. 13, 
and the corresponding synopsis statement on p. 
n, under the heading, "Administrative Officers' 
General Powers and Duties." 

Department of State Police. 

Is required to aid in the enforcement of all forestry 
laws, and the members of the force are authorized 
and empowered to act as Firewardens (No. 138) ; and 
may, with the approval of the Governor, be called 
upon, by any other department of the State, to enforce 
all laws or regulations applicable thereto. No. 138(a). 

Game and Fish Officers. 

Are required, under penalty, to safeguard, in a reason- 
able way, the forestry interests of the State. No. 82. 

Public Service Commission. 

Approves regulations prescribed by the Chief Forest 
Firewarden to prevent fires being caused by railroads. 
No. 109. 

Attorney General. 

Is required to talie whatever measures are needed to 
insure proper disposition of cases In which Fireward- 
ens have made arrests and filed complaints involving 
charges of violations, actual or proposed, of laws for 
the protection of forests, woodlands, or wild lands. 
No. 104. 

Clerical Assistants. 

Are assigned to the Bureau by the Commissioner, as 
follows: (o) A forester to serve as clerk to the Chief 
Forest Firewarden; and (6) other assistants, from 
time to time, to serve as needed. No. 89. 

Are subject to the control of the Commissioner. No. 
85. 

Are required, under penalty, to safeguard, in a reason- 
able way, the State's forestry, game, and fish inter- 
ests. No. 82. 

Cooperation. 

Is authorized : 

With county, township, municipal and private 
agencies, owning or controlling woodlots, forests, 
or wild lands, or whose activities, in whole or in 
part, are directed towards fire protection work ; 
subject to the following requirements: (a) Co- 
operation to be upon a basis of mutual expendi- 
tures; (6) advance monthly statements of all ex- 



penditures to be submitted to the Department by 
the parties collaborating, and followed, annually, 
by reports containing complete itemized state- 
ments, duly attested. Nos. 123; 124; 87 (j). 

With the Board of Game Commissioners, and the 
Department of Fisheries, through reciprocal en- 
forcement of the forestry, game, and fish laws of 
the State. No. 82. 

Reciprocal Enforcement of Forestry, Game, and Fish 
Laws. 

Powers of the forestry, game, and fish officials, in 
each of the several departments, are extended to cover 
the enforcement of laws concerning the other depart- 
ments ; and every person connected therewith and un- 
der pay of the State, is required, under penalty, to 
safeguard, in a reasonable way, the forestry, game, 
and fish interests of the State. 82. 

Distribution of Costs of Fire Protection. 

State pays — 

One-half of the costs under cooperative agreements 
with county, township, municipal, and private agen- 
cies ; tlie expense being defrayed from the general 
forest fire appropriation, upon approval by the Com- 
missioner (Nos. 123; S7j), and, in cases involving 
expenses incurred under authority granted in act 
353, L. 1915 (No. 87j), the Auditor General is also 
required to satisfy himself as to the correctness of 
the bills. No. 112. 

In full, all other duly approved costs of fire protec- 
tion work ; the expense being defrayed from the gen- 
eral forest protection appropriation. Nos. 110-112 ; 92. 

Counties, Toionships, Municipal and Private Agencies 

pay— 

One-half of the costs under cooperative agreements 

with the Department. Nos. 123 ; 124. 

Note. — The firewarden system which preceded 
the present system also made provision for the 
distribution of costs of fire protection (see Nos. 
152-lSO; and also footnote 29, on p. 39). That 
earlier system has, however, been made subject 
to reorganization, in order to conform it to the 
present system. 

Investigation and Education in Relation to Forest 
Fires. 

Are promoted : 

By the collection and publication of forest fire 
data. Nos. 11 (d) ; 13; 87 (e), (f), (g) ; 91 (b). 

By educational work conducted, under approval 
of the Commissioner, by the Chief Forest Fire- 
warden (No. 87k), and by the District Fire- 
wardens. No. 91 (h). 



STATE FORESTRY LAWS — PENNSYLVANIA. 



11 



Publications. 

Are issued by the Coniniissiou in tlie form : 

Of reports upon the progress and general manage- 
ment of the forest fire activities of the Depart- 
ment. Nos. 11 (d) ; 87 (e), (f), (g). 

Of individual publications containing data con- 
cerning forest fires. Nos. 11 (d) ; 13; 87 (f), (g) ; 
91 (b). 

COMPULSORY RESPONSIBIUTY IMPOSED FOR PROTEC- 
TION OF FOREST LANDS. 

Public Nuisance. 

Any property which, by reason of its condition or 
operation, is a special forest fire liazard, and, as sucli, 
endangers other property or human life, may be de- 
clared a public nuisance, by the Chief Forest Fire- 
warden ; who is required to notify the owner of tlie 
property, or the person responsible for the condition 
declared a nuisance, and advise him as to tlie abate- 
ment or removal thereof; such notice, in the case of 
railroads, being required to be served upon the super- 
intendent of the division In which the nuisance exists. 
No. 87 (n), (o). 

Refusal to comply with sucli an order of abatement 
from the Chief Forest Firewarden constitutes a mis- 
demeanor, and subjects the offender (person or corpo- 
ration) to a fine of not more than $100, or to im- 
prisonment for not more than one month, or to both 
(the fines being paid into the county treasury) ; and 
in all such ca.ses, the neglect or refusal of any otficer, 
agent, or other person acting for or employed by a 
corporation, and having supervision of the iJroperty 
complained about, is deemed the neglect or refusal of 
the conioration itself. No. 116; 119. 

Every day's continuance of non-abatement, after re- 
ceipt of abatement order, constitutes a separate and 
distinct offense, except as to any period of time during 
which a preliminary injunction, or interlocutory order 
of supersedeas, may be in force. No. 116. 

Brush and Slash Disposal. 

On Oil- or Gas-Producing Forest Lands- 
Is required as follows : 

a. Owners, lessees, or others in charge of forest 
lands on which there are producing oil-wells, or 
gas-wells, or rigs for drilling such wells, or own- 
ers of trees growing on said lands, are required 
to clear of inflammable material, at least once a 
year, land within one hundred feet of such wells, 
or rigs, or railroad riglits of way thereon, in order 
that, during the close season, namely, from April 
1 to May 20, and from Sept. 10 to Nov. 10 (see 
No. 29), the said areas may be clear of such ma- 



terial ; and, in ca.se any person, partnership, or 
corporation shall neglect to perform the duty so 
imposed, the same shall be liable to the county 
in a penalty of $50, recoverable in an action of 
assumpsit. No. 30. 

(b). Railroads are required to cut and remove, 
at least once a year, from such parts of their 
rights of way as pass through such lands, all 
grass, brush, and other inflammable materials; 
and, in case of failure to do so, are answerable to 
the owner, or owners of any property which may, 
in consequence, be injured or destroyed by fire; 
and are also further liable, to the county, in a 
penalty of $100, recoverable in an action of as- 
sumpsit. No. 31. 

Is regulated on such lands, whenever it is effected by 
burning, as shown below, under the heading, " Kin- 
dling Fires in the Open." (" On Oil- or Gas-Producing 
Lands.") 

Oh All Lands — 

Note. — Tliere is no legislative provision which 
of itself specifically requires or regulates the dis- 
posal of brush and slash on non-oil or non-gas 
producing lands. There should, however, be 
borne in mind the wide authority conferred, by 
the provisions in No. 87 (n), (o), upon the Chief 
Forest Firewarden to deal with such a situation ; 
under which he has power, presumably, to declare 
any brush or sla.sh a public nuisance, which by 
reason of its condition is likely to start fires, and, 
consequently, constitutes a special fire hazard. 
For action in such cases, see, above, under the 
heading, "Public Nuisance." 

Further provision for requiring the disposal of 
brush and slash is also found in the requirement 
that railroads shall, under penalty, put into 
effect such reasonable regulations for the pre- 
vention of forest fires as may be deemed neces- 
sary by the Chief Forest Firewarden, and ap- 
proved by the Public Service Commission. Nos. 
109; 118. 

Kindling Fires in the Open. 

On Oil- or Oas-Prodtwing Forest Lands — 
Is regulated as follows : 

a. During the close season, namely, from the first 
day of April to the twentieth day of May, and 
from the tenth day of September to the tenth day 
of November, the burning of fallows, stumps, logs, 
brush, dry grass, falU'n timber, or tree tops, on 
lands on which there are producing oil-wells, or 
gas-wells, or rigs erecte<l for drilling such wells, 
is prohibited, under penalty. (See subdiv. c, be- 
low.) No. 29. 

b. During the open season, namely, the remain- 
der of the year, fires may be set on such lands, 
subject to the following conditions : That a permit 



12 



STATE FORESTRY LAWS PENNSYLVANIA. 



be obtained, in lulvance, from the proper Fire- 
warden, who shall be present in person, when the 
fire is started ; that it shall not be kindled in a 
high wind, or without sufficient help to control it ; 
and that it shall l)e duly watched, by the person 
who starts it, until it is extinguished. No. 29. 

c. Failure to comply with any of the above pro- 
visions or conditions, applying to either the close 
or the open season, subjects the offender to pen- 
alties as follows: For the first offense a tine of 
not less than $10, or more than $20, and for every 
subsequent offense, a fine of not less than $20, or 
more than $100, with imprisonment added, in 
event of default in respect to due payment; from 
which penalties appeal may be taken whenever 
tlie fine exceeds $20. All fines in such cases go 
to the county. No. 29. 

Note. — There are no permit restrictions ap- 
plicable to non-oil, and non-gas producing for- 
est lands. 

0)1. ijl Lands — 

Unlawfully firing woodlands, or causing fire to spread 
thereto, constitutes a misdemeanor, and subjects the 
offender to prosecution under one or the other of the 
following provisions : 

a. First alternative provision. ( Under act tn 
protect trees and woodlands, L. 1911, p. 861. ) 
Whenever a person willfully, negligently, or mali- 
ciously sets on fire any woodlands within the 
State, or sets fire upon adjacent lands which 
spreads to such woodlands, or directly or in- 
directly causes fire to bum therein without the 
consent of the owner, he is subject to a fine of not 
exceeding $1,000 for each offense, or to imprison- 
ment not exceeding six months, or to both such 
fine and imprisonment, with costs of suit; all 
fines being paid to the county. Nos. 53 ; 56. 

Note. — The term " person," as used in this 
act, is defined to include not only individuals, 
or natural persons, but also " artificial per- 
sons," which term is construed to mean " part- 
nerships, limited partnerships, joint stock 
companies and corporations, and the officers, 
agents, and employes of the same." The term 
" woodlands " is also construed as meaning 
" woods, farmers' woodlots, marshes, moors, 
brush, barrens, brush lands and wild unseated 
uncultivated land." Nos. 54 ; 55. 

6. Second alternative provision. (Under act to 
establish a BureoM of Forest Protection, L. 1915, 
act 353.) Whenever a fire set by any person (ex- 
cept in the case of a back fire set in good faith) 
destroys property belonging to another, it con- 
stitutes prima facie evidence that the loss in- 
volved has resulted from negligence ; and the 
guilty party is subject to a fine of not exceeding 
$1,000 for each offense, or to imprisonment not 



exceeding six months, or to both such fine and 
imprisonment ; all fines being paid to the county. 
Nos. 117; 119. 

In connection with constructing and maintaining pub- 
lic highways through or along forested, wild, or un- 
cultivated lands, injury to adjoining standing timber 
through burning brush, or other debris on, or immedi- 
ately along, the roadway, constitutes a misdemeanor, 
punishable witli a fine of $5 for every tree so injured 
or destroyed ; payment of the fine, with costs of suit, 
being enforceable through imprisonment. (See Vol. 
of l^cssion Laws of 1909, act 5S, sees. 1, 6=5 Pur. Dig., 
pp. 6250, 6251, sees. 132.' 137.) 

For peneral provisions conccrninfj responsihilitu in 
respect to damages for caushm injunj or loss through 
firing woods see Nos. 1; 2; 31. 

Note. — The above provisions and the similar 
ones for protection of State Forest lands (on p. 
15), are the only ones concerning setting fires in 
the open which apply to non-oil or non-gas pro- 
ducing forest lands as well as to those which are 
oil- or gas-producing. 

Railroads. 

When operating through Oil- or Gas-Producing Forest 

Land. — 

Are required : 

To equip locomotives with steel netting or iron 
wire on the smokestacks, or other efficient spark 
arresters, to prevent the escape of fire or sparks, 
and also adequate devices to prevent the escape of 
fire from ash-pan and furnaces. No. 31. 

To leave no deposits of fire, coals, or ashes, on 
their tracks or rights of way near such lands. 
No. 31. 

To clear their rights of way at least once a year. 
No. 31. 

Note. — Railroads, as landowners, lessees, or 
otherwise in charge of forest lands on which 



' A footnote attached to sec. 132, 5 Pur. Dig., p. 6250, 
(which volume covers as far as through the 1915 session), 
calls attention to the case of Commonwealth v. Miller et al., 
under sec. 2 of this act (L. 1909, act 58) ; the decision In 
which case suggests the possible unconstitutionality of this 
act, as follows : 

" The statute is not attacked on constitutional 
grouuds, and, therefore, no opinion in that regard will 
be expressed. It can not, however, escape notice that, 
in so far as the body of the act attempts to reorganize 
the powers of the constituted highway authorities, the 
sufficiency of the title is open to question, and sooner or 
later its validity Is likely to be challenged." 

As regards, however, this point of possible unconstitu- 
tionality of the act (No. 58, L. 1909), the provisions therein 
which are here referred to have been since reenacted, as far 
as regards townships, in the General Township Act. (See 
Vol. of Session Laws of 1917, p. 840; sees. 830, 833, 834.) 



STATE FORESTRY LAWS — PEXXSYLVAXJA. 



13 



there are producing oil-wells, or gas-wells, or 
rigs for drilling such wells, or as owners of 
trees growing thereon, are also required, 
under special penalty recoverable by the 
county, to clear of intiammable material, at 
least once a year, land within one hundred 
feet of such wells, or rigs, or rights of way 
tbereon. See No. 30; and also its correspond- 
ing Sijnopsis-statement under the heading 
•• Ilriisit and Slash Disposal," above, on p. 11. 

To employ, during the close season, sufficient 
trackmen to promptly put out fires on their rights 
of way. No. 31. 

To use all practicable means to extinguish tires 
on their own or neighboring lands, within 100 feet 
of their tracks. No. 31. 

To exact of their employees the following obliga- 
tions: 

That they leave no depo.sits of fire, coals, or 
ashes, on their tracks or rights of way near 
such lands. No. .31. 

That every engineer and fireman \ise the fire 
protection devices supplied by the company. 
No. 31. 

Are liable, for failure to comply with any of the above 
requirements contained iu No. 31, in a penalty of $100, 
recoverable by the county in which the violation oc- 
curs, through an action of assumpsit ; in addition to 
being answerable to the owner of any property de- 
stroyed or injured by fire in consequence of such 
violation. No. 31. 

For iirtwral provisions concerninf) both crimi)tal and 
civil liahilitu for firing woods, and thereby cansing 
lo.is or damage, see also, on p. 12. under tlir lieadliig, 
" Kindling Fires in the Open." (" On All Lands.") 

When Operating Through Forest Lands, In General. — 

Both steam and electric railroads put into effect regu- 
lations prescribed by the Chief Forest Firewarden 
and approved by the Public Service Commission (No. 
109), under penalty, as follows, for each neglect or 
refusal to take such required action : Forfeiture, and 
payment to the State, of the sum of .$100, recoverable 
in an action of assumpsit; each day's continuance of 
refusal to comply, after a notice from the Chief 
Forest Firewarden and lapse of the time-limit set 
therein, constituting a separate and distinct offense. 
No. 118. 

Note.— The above is the only legislative pro- 
vision which of itself specifically imposes restric- 
tions upon the operation of railroads through non- 
oil or non-gas producing lands as well as through 
those which are oil- or gas-producing. In this 
connection, however, the general power conferred 



upon the Chief Forest Firewarden, by the pro- 
visions of No. 87 (n), (o), should be borne in 
mind, since it clothes him with authority to deal 
with such a situation. Thereunder, be has au- 
thority, presumably, to declare any of the follow- 
ing objects a public nuisance, whenever they are 
likely to start tires and, in consequence, constitute 
a special fire hazard, namely: Locomotives or 
other operating equipment ; deposits of fire, coals 
or ashes on tracks or rights of way ; and debris 
along rights of way, and the like. For aetion in 
all such cases, see " Fublic Nuisance," on p. 11. 

For general provisions concerning both criminal and 
i-ivil liability for firing woods, and causing thereby 
loss or damage, see also on p. 12, under the heading, 
" Kindling Fires in the Open." (" On All Lands.") 

Traction and Other Portable Steam Engines. 

Note. — All traction and other portable steam 
engines using wood for fires, with certain stated 
exceptions, are required, luider penalty of fine, to 
be equipped with eflicient spark-arresters (bonnet 
spark-arresters conforming to given specifica- 
tions), and to carry proper fire-extinguishers or 
buckets. See Volume of Session Laws for 1919, 
act 303, sees. 2, 6 (b). 

See also general provisions concerning both 
criminal and civil liabilit'i/ for firing woods, and 
thereby causing loss or damage, under, " Kindling 
Fires in the Open." (" On All Lands.") 

Landowners' Responsibilities. 

liequire owners, or others responsible for the condi- 
tion of forest lands: 

To abate, or remove, upon notice from the Chief 
Forest Firewarden, such forest tire hazards for 
which they are responsible, as have been declared 
a public nuisance. L^or requirements and liability 
in such cases, and action thereunder, see " Public 
Nui.\unce," on p. 11. 

To observe the close season for burning fallows, 
stumps, logs, brush, dry grass, etc., on oil- or 
gas-producing forest lands ; and to take required 
precautions, during the open season, to prevent 
the escape of fire thereon. For requirements, in 
detail, in such eases, and liability for failure to 
comply therewith, see above, " Kindling Fires in 
the Open." {"On Oil- or Gas-Pmdueing Forest 
iMnds." ) 

To extinguish as far as may be possible, fires 
burning or started upon their lands. No. 108. 
For general provisions concerning liahility for 
firing woods, see, above on p. IS, "Kindling Fires 
in the Open." ("On All Lands.") 
See also Nos. 165; 173, containing provisions on 
this subject under the fireicarden system which 
preceded the present .lystem. 



14 



STATE FORESTRY LAWS PENNSYLVANIA. 



PUBLIC FORESTS. 



STATE FORESTS. 

Purpose. 

Are established for the purpose of protecting water 
supplies, and conserving forestry, health and recrea- 
tion interests, in general, by holding, maintaining, and 
developing the lands as State Forests.' Nos. 8; 38; 
11 (g). 

Acquirement of Lands and of Surface Rights. 
Witlioiit Cost — 

Whenever the State Forest Commission makes appli- 
cation for vacant or unappropriated lands, for for- 
estry uses, title thereto is granted, free of cost. Nos. 
38; 39. 

See also under the heading, " By Exchange of Lands," 
on p. H. 

By Purchase. — 

Any lands that are suitable for State Forests may 
be purchased by the Commissioner of Forestry and 
the State Forest Commission, with the consent of 
the Governor, subject to the requirements that the 
price paid therefor shall not exceed ten dollars ($10) 
per acre, and that the amount so expended, in any 
biennial period, shall not exceed the appropriation 
for that purpose for such period, Nos. U (b) ; 84; 
and also subject to the following conditions : 

In respect to lands which have been acquired by 
counties through tax sale, the consideration shall 
include all taxes levied, interest, and costs due to 
date of conveyance. Nos. 76 ; 77 ; 78. 

In respect to unseated * lands which are pur- 
chased direct at tax sale, the purchase is subject 

' In addition to serving such purposes, Game Preserves 
may be located on State Forests, with the consent of the 
State Forest Commission ; not to exceed in area one-halt of 
the area of the State Forest, and the greatest transverse 
dimensions thereof not to exceed ten miles. All Preserves 
so located are required to be surrounded by a well defined 
fire-Une or clear strip of land and by at least one wire at 
the boundary thereof, and notices are also required to be 
posted, conspicuously, on the boundary, to read as follows : 
" State Game Refuge : Hunting is Unlawful." Such Pre 
serves are subject to regulations established by the Board of 
Game Commissioners, under agreement with the i)epartment 
of Forestry. Any citizen may go upon them without fire 
arms during the close season for game ; and any member or 
employee of either the Department of Forestry or the Bonrd 
of Game Commissioners may go thereon for any purpose in 
compliance with his official duties, In any manner and at 
any time, with or without firearms. (See Volume 0/ 19K 
Session Laws, act 65, sees. 1—9.) 

* In connection with assessing realty, " unseated lands " 
are those on which there are no such Improvements as indi- 
cate a personal responsibility for its taxes. (Stoetzel v. 
Jaclcson, 105 Pa., 562, 567.) 

" Seated land," as used In the tax laws. Is land that Is 
occupied, cultivated, improved, reclaimed, farmed, or used 



to redemption, and the bid made and price paid 
for the lands shall not exceed the amount of 
taxes for the non-payment of which the lands are 
sold, and costs. Nos. 4-8. 

In respect to unseated lands which are purchased 
at private sale, the price paid for the land shall 
not exceed the assessed value thereof. No. 5. 

Surface rights to any lands within the State may be 
purchased by the Department, and held as State 
Forests ; the fact that the title to the lands in ques- 
tion may be subject to outstanding rights in respect 
to waters, valuable deposits, or any privileges or 
reservations, not being necessarily a bar to such 
acquirement, when such rights, privileges, or reser- 
vations will not interfere with the administration of 
scientific or practical forestry. Nos. 129 ; 130. 

By Condemnation Proceedings — 

Any lands that are suitable for State Forests may be 
secured through condemnation proceedings, by the 
Commissioner of Forestry and the State Forest Com- 
mission, with the consent of the Governor. No. 
11 (b). 

Whenever lands that are suitable for forestry pur- 
poses are desired for such uses, and a price therefor 
can not be agreed upon with the owner, or the owner 
can not be found, the lands may be acquired by the 
State Forest Commission, through condemnation pro- 
ceedings ; all damages awarded and costs in connec- 
tion with the proceedings being paid by the State. 
Nos. 139-150. 

By Exchange of Lands — 

Whenever it shall be determined by the Commission 
to be to the advantage of the State Forest interests, 
the following action may be authorized by resolution, 
adopted and declared by the Commission and approved 
by the Governor : Exchange of State Forest lands, 
together with the buildings, improvements, and appur- 
tenances thereof, for privately owned lands of equal 
or greater value, which are at least equally adapted to 
State Forest purposes ; the exchange to be made after 
such public hearing as the Commission may prescribe, 
and to be consummated in accordance with certain 
prescribed legal procedure. Immediately after which, 
the lands so transferred to the State become a part of 
the State Forests, subject to all tie laws and rules 



as a place of residence. (Barley v. Enwer, 102 Pa., 338, 
340.) 

When land Is seated, the person is only I'alilo for the 
tax ; but when it is unseated there is no personal liability, 
but the tax is laid specifically on the land, but not on 
the person or owner. (Kennedy v. Daily (Pa.), 6 Watts, 
269, 272.) 



STATE FORESTRY LAWS PENNSYLVANIA. 



15 



governing the State Forests. Nos. 151; 151 (a); 
151 (b) ; 151 (e). 

Limit of Purchase Price — 

May not exceed the sum of $10 ptr acre. No. 84. 

lAniit of Amount of Expenditure for Acquisition of 
Lands. 

May not exceed, in any biennial appropriation period, 
the appropriation for such purpose, for that period. 
No. 11 (b). 
Status of Lands and of Surface Rights. 

Title to such lands and rights vests in the State; 
subject, however, in the ease of surface rights to any 
outstanding sab-surface rights, privileges, or reserva- 
tions that may exist. No§. 7; 18; 129; 130. 

Such lands and surface rights are, from the date of 
acquirement, exempted : 

From taxation. Nos. 7 ; IS. 

From condenmation for National Forests. No. 51. 

Disposal of Lands. 

Whenever it shall be determined by the Commission 
to be to the advantage of the State Forest interests, 
either of the following actions may be authorized by 
resolution, adopted and declared by the Commission 
and approved by the Governor: 

0. Exchange of State Forest lands, together with 
the buildings, improvements, and appurtenances 
thereof, for privately owned lands of equal or 
greater value, which are at least equally adapted 
to State Forest purposes; the exchange to be 
made after such public hearing as the Commission 
may prescribe, and to be consummated in accord- 
ance with certain prescribed legal procedure. 
Nos. 151; 151 (a) ; 151 (b) ; 151 (e). 

I). Sale of State Forest lands, together with the 
buildings, improvements, and appurtenances there- 
of, when declared by the resolution to be more 
valuable for other use than for State Forest pur- 
poses and not needed for use in the administra- 
tion and protection of the State Forests ; the sale 
to be made, after due advertisement, to the party 
offering the highest price, and to be consummated 
in accordance with certain prescribed legal pro- 
cedure. All receipts from such sales are deposited 
in the State treasury, and are appropriated and 
made available, until expended, for use separately 
or in conjunction with any other appropriations 
for the acquirement of lands for State Forest 
purposes. Nos. 151; 151 (a) ; 151 (c) ; 151 (d) ; 
151 (e). 



Fixed Annual Charge on State Forests, in Lieu of 
Taxes. 

Is made for the benefit : 

Of roads in the townships in which State Forests 
are located, in the sum of two cents per acre. 
Nos. 26; 27. 

Of schools in tlie respective districts in which the 
State Forests are located, in the sum of two cents 
per acre; provided, the said school districts shall, 
each, levy and collect a tax, for the support of its 
schools, of not less than four mills on the dollar 
of the assessed valuation of property in such dis- 
trict. Nos. 41; 42. 

Of counties in which State Forests are located, 
in the sum of one cent per acre. Nos. 136 ; 137. 

Payment of the amounts so due to township, school 
districts, and counties, respectively, is made by the 
State Treasurer upon certified returns submitted by 
the Commissioner of Forestry. Nos. 27 ; 42 ; 137. 

For a similar class of payments on account of so-called 
auxiliary Forest Reserves, see Nos. 65; 66. 

Receipts and Proceeds from State Forests. 

When derived from sale of State Forest lands are 
depasited in the State treasury for use separately or 
in conjunction with any other appropriations for the 
acquisition of lands for State Forest purposes, having 
been appropriated and made available therefor until 
expended. No. 151 (c). 

All other receipts and proceeds constitute part of the 
fund designated, " The State School Fund of Pennsyl- 
vania," with the proviso that tlie State Forests con- 
tinue wholly under the control of the State Forest 
Commission. No. 52 (a). 

Are required to be paid promptly to the State Treas- 
urer, and by him kept in a separate account, subject 
to the disposal of the State Board of Education. No. 
.52 (b). 

Sec also No. 58. 

Fires. 

Unlawfully causing fires in State Forests constitutes 
a misdemeanor, and subjects the offender to prosecu- 
tion under one or the other of the following pro- 
visions : 

a. First ulternative provision. (Under the special 
act to protect State Forests, L. 1911, p. 163.) 

Every person who willfully, negligently, or mali- 
ciously kindles a fire within a State Forest, or on 
adjacent lands, from which fire spreads thereto, 
or causes any fire therein except in accordance 
with the rules prescribed by the Department of 



16 



STATE FORESTRY LAWS PENNSYLVAKIA. 



Forestry is guilty of a misdemeanor and is sulj- 
.iect to a fine of not exceeding $1,000 for each 
offense, or to imprisonment not exceeding six 
months, or to both such fine and imprisonment ; 
all fines being paid to the State Treasurer, through 
the Commissioner of Forestry, for the use of the 
State. Nos. 43; 46. 

Note. — The term " person," as used in this 
act, is defined to include not only individuals 
or natural persons, but also "artificial per- 
sons," which term is construed to mean " part- 
nerships, limited partnerships, joint stock 
comvanies, and corporations, and the officers, 
agents, and employees of the same." No. 47. 

6. Second alternativo provision. (Under act to 
establish a Bureau of Forest Protection, L. 1915, 
act 353.) 

Whenever a fire set by any person (except in the 
case of a back fire set in good faith), destroys 
property belonging to another, it constitutes prima 
facie evidence that the loss involved has resulted 
from negligence; and the guilty party is subject 
to a fine of not exceeding $1,000 for each efCense, 
or to imprisonment not exceeding six months, or 
to both such fine and imprisonment ; all fines being 
paid to the county. Nos. 117; 119. 

In connection with constructing and maintaining 
public highwa.vs through or along forested, wild, 
or uncultivated lands, injury to adjoining stand- 
ing timber through burning brush or other debris 
on, or immediately along the roadway, consti- 
tutes a misdemeanor, puni-shable with a fine of S-t 
for every tree so injured or destroyed ; iiayment 
of the fine, with costs of suit, being enforceable 
through imprisonment. (See Vol. of Session 
Lairs 1909. art .'^=5 Pur. Dig., pp. 6250. 
6251. .irrs. 132'-137.) 

See also: 

Provision requiring fire-lines around game pre- 
serves ichen located on State Forests, ivhich is 
shown in footnote on p. I). 

Provision, in No. 13, for employinent of detect ire. 
legal, or other services for the protection of State 
Forests and prosecution of violator.'^. 

Concerning civil responsihility for causing injury or 
loss through firing icoods. sec Nos. 1 ; 2; SI. 

Timber Trespass and Other Damage. 

Everj' person who willfully, negligently, or maliciously 
fells, cuts bark from, injures, destroys, or removes 
trees, on any of the State Forests, or otherwise causes 
injury to such Forests or to trees thereon, is guilty 
of a misdemeanor, and subject to a fine not exceeding 
$500 for each offense, or imprisonment not exceeding 



tliree months, or to both ; all fines being paid, through 
the Commissioner of Forestry, to the State Treasurer, 
for the use of the State. Nos. 44; 46. 

For definition of the term "person," see, above, the 
Note under the heading, "Fires." 

See also (in volume of Session Laws of 1909, act 
5S=5 Pur. Dig., pp. 6250, 6251, sees. J32"-i37), penalty 
for unlawfully injuring or destroying trees in connec- 
tion with constructing or maintaining public highways 
through or along forested, wild, or uncultivated lands. 

Fire and Other Warning Notices. 

Are required to be consp;cuou.sly posted in or about 
the State Forests. Nos. 22; 45. 

Willful, negligent, or malicious injury, destruction, or 
removal thereof subjects the person offending to crim- 
inal prosecution, and is punishable by a fine not ex- 
ceeding $100 for each offense, or imprisonment not 
exceeding 30 days, or to both fine and imprisonment ; 
all fines being paid, through the Commissioner of 
Forestry, to the Treasurer of the State for the use 
of the State. Nos. 45 ; 46 ; 47. 

Violation of Rules for Government of State Forests. 

When willful, negligent, or malicious, constitutes a 
misdemeanor, punishable by a fine of not exceeding 
$100 for each offence, or imprisonment not exceeding 
30 days, or both, with costs of suit, provided, notices 
i)f such rules were prominently posted on or about the 
State Forests ; all of said fines being paid, through 
the Commissioner of Forestry, to the State Treasurer, 
for the use of the State. Nos. 4.5 ; 40 ; 47. 

Administrative Officers' '' General Powers and Duties. 

Take required measures for the acquirement of lands 
for State Forests, as follows : 

Without cost. Nos. 38 ; 39. 

By purchase, No. 11 (b) : a. Of lauds sold for 
nonpayment of taxes (Nos. 4-8 ; and 76-78) ; 6. Of 
lands at private sale. No. 5. 

By condemnation. Nos. 11 (h) ; 1.39-150. 

By exchange. Nos. 151; 151(H)-151(fn. 

Hold title, for the State, to all lands so acquired. 
Nos. 7 ; 18. 

Acquire, by purchase, and hold surface ri'^lus, as State 
Forests. Nos. 129 ; 130. 



» The several ofBcors upon whom these general powers and 
duties are directly imposed are the Commissioner of Forestry 
and the other members of the State Forest Commission. 
No. 11 (a), (c). 



STATE FORESTRY LAWS — PESNSVLVAXIA. 



17 



Afiiiinge, control, protect, luaintain, utilize, and de- 
M'lo]) all lands acquired for State Forests; the Com- 
iiiissioner, jis Superintendent thereof, having, under 
the direct ion of the Commission, immediate control 
;iii(l management of the Forests. Nos. 8; 11 (c) ; 13; 
52 (a). 

Prescril)e and enforce rules and rej;ulati(in.4 for tiie 
control, management, protection, utilization, and de- 
velopment of the State Forests. Nos. 11 (d), (e), 
<g) ; 13. 

Are empowered : 

To em])loy and assign to duty such surveyors, 
draftsmen, stenographers, and other assistants 
and labor, and such scientific assistants and other 
■employees as may be needed, and to fix their 
salaries. Nos. 11 (e) ; 120. 

To employ detective, legal, and other services for 
the i)rotection of the forests and prosecution of 
violators, under approval of the Commission and 
the Oovernor. No. 13. 

Sell or dispose of timber on State Forests, and also 
execute contracts or leases for the mining or removal 
of any valuable minerals that may be found thereon, 
after due advertisement whenever the minerals exceed 
.$300 in value ; the contracts or leases being 
awarded to the highest and best bidders, who are 
required to give bond for the proper performance of 
the contracts. No. 11 (g) ; and all proceeds from such 
sales of timber, and from such leases or contracts con- 
cerning the disposition of minerals, being paid into 
the State treasury to constitute a part of the State 
School Fund. Nos. 19; 52 (a) ; 52 (b). 

T.,ease, upon reasonable terms, small areas of agricul- 
tural lands, within State Forests, which are better 
suited for agriculture than for forestry purposes (No. 
131) ; subject to the following conditions: 

Lea.'ies .shall not exceed ten-year terms, and may 
be terminated earlier upon mutual agreement ; 
and carry renewal privileges, upon the same or 
new conditions. No. 132. 

In event of more than one applicant for a tract, 
award shall be made to the highest responsible 
bidder, after due advertisement of the proposed 
lease, provided, the amount of the bid is satisfac- 
tory to the Department. No. 133. 

Buildings and fences which may be placed upon 
a tract by the lessee, at his expense, may be re- 
moved therefrom by him, at the termination of 
the lease; or the same may be purchased by the 
50797—21 3 



Department uixin reasonable terms, to constitute 
a part of the improvement of the tract. No. 134. 

Refuse to lease such areas as may be needed by the 
Department No. 135. 

Lea.se, upon reasonable terms, for a period of not ex- 
ceeding ten years, sites in State Forests, for church, 
school, health, recreational, or other purposes; all re- 
ceipts therefrom being paid into the State treasury, 
lo form a part of "The State School Fund of Pennsyl- 
vain'u." Nos. .57; .58; 52 (a) ; 52 (b). 

\ Set asi-.le within the State Forests uinisual or his- 
torical groves of trees or natural features especially 
worthy of permanent preservation, in order to make 
them accessible and convenient for public use and to 
dedicate them in perpetuity to the people of the State 
for their recreation and enjoyment. No. 11 (g). 

(rive consent to location of State Game Preserves upon 
State Forests, under terms of agreement with the 
Hoard of Game Commissioners; which Preserves are 
tliereafter subject to regulations established by the 
said board under the agreement. (See volume of 
I'.il't Session Linrs, (let G5. sees. I~!).) 

Grant rights of way as follows: 

To duly incorporated street railway companies, 
upon such terms and subject to such restrictions 
and regulations as they may deem proper, the 
privilege to construct, maintain, and operate their 
lines of railway, over, along, and upon public 
highways, in actual u.se, which lie within or bor- 
dering upon State Forests, whenever, in their 
judgment, the Forests will be benefited thereby. 
No. 23. 

To individuals or corporations who may apply 
therefor, through State Forests, when, in the 
judgment of the Department, it will not interfere 
with the orderly administration of the Forests, 
and will promote the interests of the State or its 
citizens; the term, "right of way," being con- 
strued " to include a passage, haulage, flowage, or 
transmission for any lawful purpose." Nos. 126- 
128. 

Make certified returns to the State Treasurer, and to 
the townshiiis, school districts, and counties which 
contain State Forests, as to amounts of fixed charges, 
in lieu of taxes due thereon, annually for the benefit 
of roads (No. 27) ; schools (No. 42) ; and counties 
(No. 137). 

Turn into the State treasury all fines received for 
violation of provisions of L. 1911, p. 163. for the pro- 
tection of State Forests. No. 46, 



18 



STATE FORESTRY LAWS PENNSYLVANIA. 



Give umuiclpalities, upon such terms and subject to 
such restrictions and regulations as may be necessary, 
the privilege of impounding water upon the State 
Forests, and of constructing, maintaining and operat- 
ing lines of pipe upon and through said Forests, for 
the purpose of conveying water therefrom, whenever, 
in the judgment of said officers, it may be in the in- 
terest of the public to do so (No. 28) ; all receipts 
and proceeds, if any, from such privileges being paid 
into the Slate treasury to form a part of the State 
School Fund of Pennsylvania. Nos. 52 (a) ; 52 (b). 

Establish and conduct a training school to prepare 
Forest Wardens for the proper use of the State For- 
ests. No. 25. 

Local Officers and Employees.' 

Arrest, without warrant, violators of laws and regula- 
tions for the protection of State Forests and of fish 
and game therein, and take the offenders before a 
justice of the peace, or other magistrate, for proper 
action ; the exercise of such powers being limited to 
State Forests and lands adjacent thereto. No. 22. 

Department of State Police. 

Is required to aid in the enforcement of all laws re- 
lating to forestry, game, fish, and water supply (No. 
138) ; and may with the approval of the Governor, be 
called upcm, by any other department of the State, to 
enforce all laws or regulations applicable thereto. No. 
138(a). 

AUXILIARY STATE FORESTS. (Auxiliary Forest Reserves.) 
Purpose. 

Note. — The legislation creative of these so- 
called " Auxiliary Forest Reserves " is of such a 
dual character as to make a clean-cut separation 
of the Public Forest and Taxation aspects of it 
impossible. The primary aim, however, was, un- 
doubtedly, to offer a tax concession to whoever 
would devote land to forest production. The de- 
tailed synopsis concerning it will, therefore, be 
found imder "Taxation." (See p. 19.) 

Status. 

The reserves are composed of privately owned lands 
devoted exclusively to the growing of merchantable 
forest trees, subject to public forest regulation. Nos. 
67; 69; 71. 

Public Control Imposed by the State. 
By requiring the owner : 

To make the application, for classification of the 
lands, to the Commission, and in the form pre- 
scribed by it. No. 68. 



' The wording of the text upon which this synopsis-state- 
ment is based, which reads : " That the persons employed, 
under existing laws, by the Commissioner of Forestry, for 
the protection of State Forestry Reservations," etc.. and 
" Such officers shall," etc., (see Vo. S3), appears to include all 
who are either appointed or employed by the Commissioner 
for that purpose. 



To execute a written agreement tn c;ire for the 
trees, until mature, in accordance with instruc- 
tions from the Commission ; and, when necessary, 
to give bond, upon request from tlie Commission 
at the time the lands are classified, guaranteeing 
good faith throughout the transaction — involving 
compliance with instructions concerning removal 
and marketing of the trees and reforesting the 
lands, under approval of the Conmiission. Nos. 
69; 71. 

To cut and remove, under instructions of the Com- 
mission, only such timber as it may designate as 
suitable. No. 70. 

To give bond, in advance of cutting, in 20 per 
cent of the amount of the estimated value of the 
timber to be cut, conditioned to pay 10 per cent of 
the value of the trees, within 90 days after 
harvesting them. No. 61. 

To make sworn return, as to the value of the trees 
harvested, to the County Commissioners, County 
Treasurer, and the Commission, immediately after 
harvesting the same. No. 61. 

To follow the cutting and removal of the timber, 
immediately, with reforestation of the lands. 
No. 71. 

Concessions Granted by the State. 

Are as follows : 

Conferring of a quasi-liublic cliaracter upon the 
lands by speciiically designating them Auxiliary 
Forest Reserves. No. 67. 

Reduction in the assessed valuation of the lands 
for the Annual, or General Property, Tax (No. 
59) ; and payment by the State of a fixed annual 
charge upon the lands for the benefit of schools 
and roads located within such school and road 
districts iis contain any lands so classified. Nos. 
65 ; 66. 

Valuation and taxation of the timber separately 
from the lands ; and postponement of the tax on 
the timber until the trees are mature. Nos. 61; 
62 ; 70. 

MUNICIPAL FORESTS. 

Purpose. 

Are established mainly for the puipose of producing 
a continuous municipal, or borough, revenue through 
the sale of forest products therefrom ; and also for 
the protection of water supplies, promotion of health- 
ful conditions, and use by the people as general outing 
and recreation grounds. Nos. 32; 36; 83 (e) ; 83 (g). 

Acquirement of Lands. 

Townships of the first-class, cities, and boroughs may 
acquire, for such purposes, by purchase, gift, or lease. 



STATE FOKESTKY L-WVS PENNSYLVANIA. 



19 



lands liaving tree-growth, or which are suitable there- 
for, alter having secured approval by the Commis- 
sioner of Forestry of the area and location of the 
tracts, and having given, through publication of an 
ordinance, due notice of intention to acquire the lands. 
Nos. 32; 33; 83 (a) ; 83 (b) ; 83 (c). 

The funds required for the acquirement of such tracts 
are tierived from the usual sources in the case of ex- 
IX'iidUures for municipal, or borough, purposes, in- 
cluding, if necessary, a bond issue. Nos. 33; 83 (d). 

Administration. 

.\re administered by the proper municipal, or borough, 
ofticere, under the direction of the Commissioner of 
Forestry, in accordance with the principles and prac- 
tice of scientific forestry, for the benefit of the mu- 
nicipalities, or boroughs; the Commissioner being re- 
quired to make the necessary rules therefor; which 
rules must have for their main purpose the produc- 
tion of a continuous revenue through the sale of forest 
products. Nos. 32; 34; 36; 83 (a) ; 83 (e). 

The funds required for the administration, mainte- 
nance, protection, and development of the Forests are 
derived from the usual sources in the case of ex- 
penditures for municipal, or borough, purposes, and 
arc applied in the usual manner. Nos. 3.5; 83 (f). 

Disposition of Proceeds. 

.\il iiroceeds from the Forests are applied to general 
niunicipa), or borough, purposes. Nos. 35: 83 (f). 



Alienation of Lands. 

Is made by an ordinance setting forth all the facts in 
(he case, after due advertisement and approval thereol 
by popular vote. Nos. 37; 83(h). 

Officers' General Powers and Duties. 

Municipal mid Borough Officers — 

Take required steps for acquirement of suitable lands; 
including securing approval by the Commissioner of 
Forestry of the area and location of the tracts in 
question. No.?. 32 ; 33 ; 83(a) ; 83(b) ; 83(c). 

Notify tlie Commissioner of Forestry of acquisition 
of lands, and, upon receipt from him of rules for 
their government, publish the same, declare the uses 
of the Forests, and make required provision for their 
administration, maintenance, protection, and develop- 
ment; and. thereafter, administer them, imder the 
direction of the Commissioner. Nos. 34; 83(e). 

Whenever necessary, take required action to secure 
the alienation of a Forest, or part thereof. Nos. 37; 
83(h). 

Commissioner of Forestry — 

Approves area and location of lands prior to their 
acquirement. Nos. 32; S3(b). 

Prescribes rules for the government of the Forests, 
and directs their administration. Nos. 32; 34; 83(a) ; 

S3(e). 



TAXATION.' 



AUXILIARY FOREST RESERVES. 
Purpose. 

Are composed of privately owned lands devoted ex- 
clusively to the growing of merchantable forest trees 
(No. 67) ; the owners of which desire to secure cer- 
tain concessions in taxation (see p. 18) and are, ac- 
cordingly, willing to subject their lands to public 
forest regulation (see p. 18). 

Classification of Lands. 

Requires: 

That application therefor shall be made by the 
owner to the Conunission in the form prescribed 
by it. No. 68. 

That the suitability of the lands shall be deter- 
mined by the Commission through an examination 
of the land and report thereon by a duly qualified 



' For the taxation provisions which exempt State Forests 
from taxation, see Nos. 7 ; 18. .ind tlio corresponding synopBi.s- 
stalpment, on p. 15. under " Status of Lands and of Surface 
Eights." 



person (No. 68) ; the cost of such examination being 
defrayed from the moneys appropriated for main- 
tenance of the Department of Forestry. No. 71. 

That, in event of the lands being found suitable, 
the Commission shall so certify to the County 
Commissioners, who shall, thereupon, place the 
lands in the class of Auxiliary Forest Reserves; 
witli the proviso that the certificate shall not be- 
come operative to so classify the lands until the 
owner has made a written agreement to care for 
the trees under direction of the Commission ; and 
it is also provided that, at the time the lands are 
so classified, the Commission may, in its discre- 
tion, require of the owner a bond guaranteeing his 
good faith throughout the entire transaction. Nos. 
68 ; 69. 

Note. — Timber lands have been separated from 
other lands, in making assessment returns of 
property, since 1883. No. 3. 

That lands, while so classified, may be sold or 
encumbered without prejudice to such classifica- 
tion or obligations (hereunder. No. 73. 



20 



STATE FORESTRY LAWS PENNSYLVANIA. 



That the classification sliall continue so long as 
tlie owner continues to faithfully carry out the 
instructions of the Commission respecting the care 
of the trees, removal and marlieting thereof, and 
reforesting the lands, under the approval of the 
Commission. Nos. 71 ; 69. 

Removal from Classification. 

Is made only upon request of the owner, or in event 
of his failure to comply with requirements of the Com- 
mission. Nos. 69 ; 71 ; 73. 

When made prior to maturity of the timber and with- 
out payment of the Yield Tax thereon, the County Com- 
missioners, on notice from the Commission, ascertain 
and certify to the County Treasurer: (n.) The amount 
of taxes which would have been paid by the owner if 
based on the original assessment of the lands, before 
the reduction made under the special classification 
rating, with interest added upon all such payments 
from the date wlien such tax payment would have 
become delinquent: and also (b) the amount of taxes 
which have actually been paid upon the land, with 
interest added from the date of payment. The differ- 
ence between the two amounts is, thereupon, recovered, 
with costs, from the owners, by the County Treasurer, 
in the usual manner ; the amount recoverable constitut- 
ing a lien upon the lands until payment is made. Nos. 
63 ; 69. 

Wlien made after the due hiuvestiug of a matured crop 
of trees and payment of the tax thereon, the owner is 
not liable for such past assessment : but the lands are 
thereafter, liable to assessment and tax in the same 
manner as other lands not classed as Auxiliary Forest 
Reserves. No. 63. 

Annual, or General Property, Tax. 

Is assessed upon the basis of the General Property 
Tax law.' Nos. 59 ; 60. 

Is levied upon such assessed valuation, reduced to a 
.sum not to exceed $1.00 per acre (No. 60) ; and an 
additional fixed annual charge on lands so classified 
Is paid by the State in the sum of two cents per acre 
for schools and two cents per acre for roads, that are 
located within the several school and road districts 
which contain Auxiliary Forest Reserve lands; pay- 
ment, of the proper amounts being made, by the 
State, to the respective districts upon warrants ap- 
proved by the Commission. Nos. 65 ; 66. 

For a similar class of payments on account of Rtate 
Forests, see Nos. 2)6; 27; },1 ; Jit; 138; 137. 



' Valuable minerals underlying the land may be separately 
assessed. No. 59. 



Yield Tax. 

Harvesting of Timber at Matunty — 
Whenever the trees become suitable for forest 
products, the Commission, either at the request of the 
owner, or upon its own initiative, examines the lands 
and designates the kind and number of trees most 
suitable to be cut (No. 70) ; the cost of such examina- 
tion being defrayed from the moneys appropriated 
for maintenance of the Department of Forestry. 
No. 71. 

The cutting and removal of the trees so designated Is 
required to be In accordance with instructions of the 
Commission. No. 70. 

Determination of Taxable Values — 

Requires : 

That, in advance of cutting, the owner give bond, 
conditioned to pay, to the County Treasurer, 10 
per cent of the value of the trees, within 90 days 
after harvesting. No. 61. 

That sworn return as to the value of the trees 
harvested be made by the owner to the County 
Commissioners. County Treasurer, and the Com- 
mission, immediately after harvesting the same. 
No. 61. 

That, in event of dissatisfaction on the part of 
the County Commissioners with such return, upon 
their request, a board of three appraisers shall 
be appointed by the Court of Common Pleas of 
the county, to determine and report the quantity 
and value of the trees; which return, subject to 
right of appeal by either party, shall form the 
basis of payment. No. 62. 

That the compensation and expenses of such ap- 
praisers shall be fixed by the court, and paid by 
the County Comrai.ssioners. No. 62. 

Payment of the Tax — 

Is secured : 

a. By a bond given, in advance of cutting, by the 
owner, in 20 per cent of the amount of the esti- 
mated value of the timber to be harvested, condi- 
tioned to pay 10 per cent of the value of the trees, 
within 90 days after harvesting them. No. 61. 

6. By a lien on the lands. No. 61. 

Distribution of the Tax to County and Township 
Funds — 

Is made, by the Treasurer of each county in which 
lands .so ela.ssitied are located, pro rata for each of 



STATE FORESTRY LAWS PENNSYLVANIA. 



21 



the purposes named below, based upon the last as- 
sessed luillage of taxation for such purposes : 

a. For the county. No. 61. 

b. For, respectively, the road, school, and poor 
districts of the respective townships which con- 
tain Auxiliary Forest Reserves; tlie road allot- 
ments being spent exclusively on roads passing 
into the Forests, or which are Immediately ad- 
jacent thereto, if any roads are so located ; other- 
wise, said allotments are spent for general town- 
ship road pui-poses. No. 61. 

Exemption from the Tax — 

Is provided in the following cases : 

Removal, by the owner, of trees which have been 
killed by fire, thrown or broken by the wind, or 
injured by other natural causes. No. 72. 

Thinning or clearing out of undesirable species, by 
the owner, or removal by him of such timber as 
may be needed for general farm use upon any 
neighboring cleared lands owned by him. No. 72. 

Reforestation of the Lands by the Owner. 

Is required to follow harvesting of the timber, imme- 
diately, through either replanting other trees of val- 
uable species, or taking proper care of young growth 
on the lands, under the approval of the Commission. 
No. 71. 

Public Control Imposed by the State. 

Sec N)/)?o/j.>is under tliis heading, on p. IS. 

Concessions Granted by the State. 

Sec ^j/nopnis under this heading, on p. IS. 

Commission's General Powers and Duties. 

Prescribes form of application for classification of 
lands. No. 68. 



Determines suitability of lands described in applica- 
tion ; and certities as to the same, to the County Com- 
missioners. No. 68. 

Secures written agref^nent from owner to care for 
trees in accordance witli instructions and directions 
from the Commission ; and, if necessary, secures, at 
the time of classification of the lands, a bond from 
the owner, guaranteeing his good faith throughout the 
entire tran.saction. No. 69. 

Certifies to tlie several school and road districts which 
contain Auxiliary Forest Reserves, and also to the 
State Treasurer, the number of acres of lands classi- 
fied therefor, and the charges thereon, and issues war- 
rants for payment of the amounts. No. 66. 

Directs thinnings and clearing out undesirable species 
of trees and removal of trees for use for general farm 
purposes upon any neighboring cleared lands belong- 
ing to the owner. No. 72. 

Determines, through an examination of the lands, 
made either at the request of the owner or upon its 
own initiative, what mature trees, if any, shall be 
cut, and designates the ones to l)e cut and removed ; 
and gives instructions in regard to the removal and 
marketing of the timber. Nos. 70 ; 71. 

.\pproves reforesting of the lands by the owner. 
No. 71. 

Removes lands from classification, upon request of 
the owner, or for failure of the owner to comply with 
requirements in regard to the care of the trees, or 
concerning harvesting and marketing the timber, or 
renewing the tree-growtli ; and, gives notice of re- 
moval to the County Commissioners. Nos. 69 ; 71. 



TEXT OF LAWS. 



Note. — The abbreviation. " Pur. Dig.," used in tliis leaflet, has reference to Stewart': 
(vols. 1-4) and the 1916 .supplement thereto (vols. 5-7). 



Purdon's Digest, 13th ed. 



No. 1. Whereas, It has been represented that numbers of 
persons are in the custom of setting fire to the woods for 
different purposes, thereby producing an extended conflagra- 
tion, injurious to the soil, destructive to the timber, and the 
infant improvements within the State ; therefore. 



And be it further enacted by the authority aforesaid. That 
where any person or persons, so offending as thereby to occa- 
sion any loss, damage, or injury to any other person or per- 
sons, every such person or persons so offending shall be and 
hereby are declared liable to make satisfaction for the same, 
in any action or actions on the case, to be brought by the 



" The order of arrangement of the laws follows the chrono- 
logical order in which tliey were passed. 



party or parties grieved, in the court of common pleas of the 
county in which the offense was committed. [L. 1794 (3 
Smith), p. 139, preamble and sec. 2=2 Pur. Dig., p. 1745, 
sec. 41.] 

Xo. 2. Where any party is injured, and shall not demand 
.ibove fifty dollars for his loss or damage, it shall and may 
be lawful to and for such person or persons to apply to any 
justice of the peace of the county where the offense is com- 
mitted who is hereby empowered and required, by warrant 
unvier his hand and seal, to cause tlie party offending to be 
brought before him or some other Justice of the peace of the 
same county ; and if, upon examination, it shall appear to 
the justice, by the testimony of one or more credible witness 
or witnesses, that the defendant is guilty of the charge ex- 
hibited against him, then the said justice shall issue his war- 



22 



STATE FORESTRY I.AWS — PENNSYIA'ANIA. 



raut to two or more freeholders of the neighborhood, thereby 
commanding them, in the presence of the defendant, if he 
will be present, to view the place or thiu); damaged, or in- 
quire into the loss sustained by the plaintiff, and to certify 
to the said justice, under their oath or affirmation, what 
damage, in their Judgment, the plaintiff hath sustained by 
occasion of the premises ; and upon the return of such cer- 
tificate to the said Justice, he is hereby empowered to grant 
execution for the recovery of the said damages, together with 
the costs of prosecution, as is usual in the recovery of debts 
under ten pounds : Provided, That if any person or persons 
shall apprehend him, her or themselves aggrieved by the 
determination of any Justice of the peace, in consequence to 
this act, he, she or they shall have a right to appeal from 
the Judgment of the said Justice to the next court of com- 
mon pleas of the proper county. [L. 1794 (3 Smith), sec. 
3=2 Pur. Dig., p. 1746, sec. 42.] 

No. 2 (a). 

NOTE.— Section 1 of act 1206, L. 1S70, as amended by 
section 1 of act 228, L. 1897, has been placed under the 
caption, " Croup of Acts Constituting Firewarden Sys- 
tem Prior to 1915." -See No. 152. 

yo. S. Be it enacted, &c.. That it shall be the duty of the 
several assessors of this Commonwealth, in their return of 
real estate to the commissioners of the proper county, at the 
next triennial assessment, and at each triennial assessment 
thereafter, to make return of all the timber land in their 
proper district by specifiying in separate columns, how many 
acres each tract contains of cleared land, and how many in 
timber. [L. 1883, act 100, see. 1=4 Pur. Dig., p. 4628, sec. 
201.] 

No. 4. Be it enacted, &c.. That from and after the first 
day o£ J.nnuary, A. D. one thousand eight hundred and ninety- 
eight, whenever any unseated lands within this Common- 
wealth shall, under existing laws, become liable to sale by 
the respective county treasurers or the county commissioners 
for nonpayment of taxes, it shall be the duty of such treas- 
urers and commissioners to publish a notice once a week for 
six successive weeks in at least two newspapers of general cir- 
culation within the county in w'hich the lands lie, and 
if two newspapers be not published in said county, then in one 
newspaper in or nearest to the same, which notice shall con- 
tain the names of the owners when known, the warrant num- 
bers, names of warrantees when known, the number of acres 
contained in each tract, the township in which the same is 
located, and the suras due upon each tract for taxes ; and 
further to mail to * * * »" the Commissioner of Forestry 
each, ten copies of such printed advertisement immediately 
upon publication thereof. [L. 1897, act 10, sec. 1=2 Pur. 
Dig., p. 1742, sec. 16.] 

No. 5. It shall be the duty of the Commissioner of For- 
estry to inquire into and examine the location and character 
of unseated lands advertised by the respective county treas- 
urers and the county commissioners of this Commonwealth 
for sale for the non-payment of taxes, and if in his judgment 
the same are so located and are of such a character as to 
make them desirable for the Commonwealth for the purpose 
of creating and maintaining a Forestry Reservation, he shall 
have power, at his discretion, to purchase any such lands for 
aud in behalf of the Commonwealth at such tax sales, .sub- 
ject to the right of redemption under existing laws : Pro- 
vided however. That the bid made and the price paid for 
said lands, shall in no case exceed the amount of taxes for 
the non-payment of which the same are being sold, and the 
costs. For all purchases so made in behalf of the Common- 

" Jurisdiction concerning forestry matters has since been 
transferred from the Department of Agriculture to the 
Department of Forestry ; hence, this deletion. Nos. 11 ; 13. 



wealth, the Auditor General shall draw his warrant upon the 
State Treasurer to the order of the county treasurer, upon 
certificate filed by the Commissioner of Forestry with the 
said Auditor General : Provided further. That the Commis- 
sioner of Forestry shall have i)ower to purchase unseated 
lands other than such as are advertised for sale for the non- 
payment of taxes, upon such terms and conditions as may 
be agreed upon with the owners of such lands : Provided, 
That such purchase shall be approved by the tJovernor and 
the Board of Property, consisting of the Attorney General, 
Secretary of the Commonwealth, and Secretary of Internal 
Affairs. And provided further. That in no case shall the 
price paid for such unseated land exceed the assessed value 
of the same. For all purchases so made in behalf of the 
Commonwealth the Auditor General shall draw his warrant 
upon the State Treasurer to the order of the grantor, upon 
certificate filed by the Commissioner of Forestry, with ap- 
proval as afore.sald : Provided. That in no case shall the 
amount paid for any tract of land purchased uuder the pro- 
visions of this act exceed the sum of five " dollars per 
acre. [L. 1897, act 10, sec. 2; L. 1899, act 81, see. 1=2 
Pur. Dig., p. 1743, sees. 17, 18.] 

No. 6. In the event of redemption of said lands, the re- 
demption money paid shall be remitted to the State Treas- 
urer by the county treasurer with a statement describ- 
ing the tract of land so redeemed. TL- 1897, act 10, sec. 
3=2 Pur. Dig., p. 1743, see. 19.] 

No. 7. The title to all lands so purchased, and not re- 
deemed after the expiration of the time limited for the re- 
demption, shall be taken as vested in the Commonwealth to 
the same extent, and with like effect as though such pur- 
chase had been made by an individual at such sale, and the 
county treasurer shall certify to the * * * '" [Commis- 
sioner of Forestry] lists of all lands purchased in behalf of 
the Commonwealth and not redeemed within the time lim- 
ited for such redemption, with a description of each tract 
as required by section one of this act, aud thereafter such 
lands shall not be subject to further taxation while the same 
are owned by the Commonwealth. It shall be the duty 
of the * • * '° [Commissioner of Forestry] to keep a 
record in a book, to be especially provided for that purpose, 
of all the lands so acquired by the Commonwealth, with full 
description of each tract, the character of the same, the date 
of purchase, the price paid, when the title became absolute, 
or if redeemed, the date of redemption. [L. 1897, act 10, 
sec. 4^2 Pur. Dig., p. 1743, sec. 20] 

No. 8. The lands so acquired by the Commonwealth shall 
be under the control and management of the * * * *" 
[Department of Forestry] and shall become part of a for- 
estry reservation system, having in view the preservation 
of the water supply at the sources of the rivers of the State, 
and for the protection of the people of the Commonwealth 
and their property from destructive floods. [L. 1.897, act 10, 
sec. 5=2 Pur. Dig., p. 1742, sec. 21.] 

No. !). Be it enacted, &c.. That if any person or persons 
shall be detected by any constable or other peace officer, in 
the act of trespassing upon any forest or timber land within 
this Commonwealth, under such circumstances as to warrant 
the reasonable suspicion that such person or persons have 
committed, are committing, or are about to commit, some 
otfense or offenses against any of the laws now enacted or 
hereafter to be enacted for the protection of forests ami 
timberland. such constable or other peace officer shall have 



" This restriction of purchase price to not exceed five 
dollars per acre has been rendered inoperative by subsequent 
legislation, which places the limitation at not to exceed ten 
dollars per acre. See No. 8//. 



STATE FORESTRY LAWS — PENNSYLVANIA. 



23 



nuthority at once, without first procuring a warrant there- 
for, to arrest on Tiew such person or persons, with like 
effect as though such warrant had first been procured. [L. 
ISOT, act L>5, sec. 1=2 Pur. Dig., p. 1751, sec. 62.] See 
also -Vois. 2i ; ID',. 

>... }» (a). 

.\OTK.- .Sfcilnii 1 of act 228. L. 1S9T. has been 
placed under the caption, "Group of Acts Constituting 
Firewarden System Prior to 1015." See No. 152. 

>•<>. 10. 

Note. — Act 14. L. 1899, has been placed under the 
caption. " Croup of Acts Constituting Firewarden 
System Prior to 1915." See Nos. 153-136. 

No. 11. (a) Be it enacted by the Senate and Uouse of Rep- 
resentatives of tlie Commonwealth of Pennsylvania in Gen- 
eral Assembly met, ,ind it is hereby enacted by the authority 
of the same. That there be and is hereby established a Depart- 
ment of Forestry to consist of a Commissioner of Forestry 
and four other citizens of tlie Commonwealth, who together 
shall constitute the State Forest Commission each of whom 
sliall be appointed and commissioned by the Governor by 
and with the advice and consent of the Senate, for terms 
of four years each, the present Commissioner of Forestry 
and members of the State Forestry Reservation Commission 
to serve for the terms for which they have heretofore been 
appointed and confirmed and thereafter as new appointments 
shall be made for the full term of four years each. 

(bt The Commissioner of Forestry and the State Forest 
Commission shall be clothed with all the powers heretofore 
conferred by law upon the State Forestry Reservation Com- 
mission. '= or which shall hereafter be conferred on the Com- 
missioner of Forestry or the State Forest Commission, with 
full power by and with the consent of the Governor to 
aciiuire by purchase or by condemnation proceedings any 
suitable lands in any county of the Commonwealth which 
in the judgnii'nt of said Commission the State should possess 
for the purpose of holding, maintaining, and developing a.s 
State Forests, Provided. That the amount expended for 
the acquisition of lands for State Forest purposes in any 
biennial appropriation period shall not exceed the appro- 
priation for that purpose for such period. 

(c) The Commission shall have full power to manage, 
control, protect, maintain, utilize, and develop all lands 
which may be acquired under the provisions of this act, as 
well as those which have heretofore been purchased and 
are now owned and maintained as State Forests under 
e.xisting law, and may in addition to the Bureau of Forest 
Protection established in the IJ(^partment of Forestry by 
.\ct of June third, one thousand nine hundred fifteen, 
entitled, " .\u act to establish a Bureau of Forest Protection 
within the Department of Forestry, designating the officers 
wiio shall constitute the Bureau, their duties and salaries, 
prescribing penalties for the violation thereof, and repealing 
all laws, general, special, or local, or any parts thereof that 
may be inconsistent with or supplied by this act" (Pam- 
phlet Laws, page seven hundred ninety-seven), organize in 
the Department of Forestry the following Bureaus ami 
Offices : Bureau of Operation, Bureau of Silviculture, Bureau 
of Lands, Office of Research, Office of Information. Office of 
Maintenance, and shall assign the powers and duties of the 
Department of Forestry as now established by this or any 
other act or hereafter established by law to and divide such 
duties and powers among the above identified Bureaus and 
Offlci-s (including the Bureau of Forest Protection i subic'ct. 
however, always to the complete supervisory control and 
direction of the State Forest Commission and the Commis- 



i=The powers previously conferred are contained in L. 
1897, act 10 (see .Vo.'. i-8). and L. 1S97, act 228 {see Xo 
ISS). 



sioner of Forestry. Providing, however. That the salary of 
any of the chiefs of bureau and offices shall not exceed the 
sum of live thousand dollars per annum. 

(d) The State Forest Commission may divide the State 
into such convenient Forest Districts as it deems economical 
and efTective to administer, protect, develop, and utilize the 
State Forest lands and reseources, to protect all forest land 
in the State from forest flres, fungi, insects, and other 
enemies, to promote and develop forestry and knowledge of 
forestry throughout the State, to advise and assist land 
owners in the planting of forest and shade trees, to render 
reports of its conduct of the Department of Forestry, to 
obtain and publish information respecting forest lands and 
forestry in the State, to assist in .\rl)or Day work, and pro- 
mote and advance any other- activity in local forestry which 
the Department of Forestry may deem helpful to the public 
interest and to execute the rules and regulations of the 
State Forest Commission for the protection of forests from 
fire and depredation, and also may assign District Foresters 
to take active charge of such Forest Districts and also such 
Foresters. Forest Rangers, and other help for the adminis- 
tration of such Forest Districts as the Commission may 
deem necessary for the acrouiplishment throughout the State 
of the purpo.ses for which the Department of Forestry is 
established. 

(e) The Commission is also empowered to appoint and 
assign to selected lines of work Forest Officers to act as 
Chiefs of the Bureaus (including the Bureau of Forest Pro- 
tection) and officers also to act as Assistant Chiefs of said 
Bureaus and tllTiees whenever and to the extent it may deem 
such assistant chiefs necessary, and also to act as District 
Foresters, Foresters, and Forest Rangers, which Forest Ofli 
cers shall be especially qualified to perform the duties of the 
Bureaus, Offices, Forest Districts, and other divisions of the 
work of the Department of Forestry to which they shall be 
assigned ; and it shall also employ and assign to duty such 
surveyors, draftsmen, stenographers, and other assistants 
and labor, and such scientific assistants, and other em- 
ployees as may be necessary and needful for thi' control, pro- 
tection, maintenance, utilization, and development of the 
State Forests to fix their compensation and to establish such 
rules for the control, management, protection, utilization, 
and development of the State Forests as in their judgment 
will conserve the interests of the Commonwealth. 

(f) The Commissioner of Forestry, the Deputy Commis- 
sioner of Forestry, the Chiefs and Assistant Chiefs of the 
Bureaus of Operation, Forest Protection, and Silviculture, 
the Chief and Assistant Chief of the Office of Research, and 
the District Foresters and Foresters shall be persons 
educated and trained in Forestry. 

(g) Whenever it shall appear that the welfare of the 
Commonwealth with reference to reforesting and the better- 
ment of the State Forests with respect to control, manage- 
ment, protection, utilization, and development will be ad- 
vanced by selling or disposing of any of the timber on the 
State Forests, the Commission is hereby empowered to sell 
such timber on terms most advantageous to the State. 
Provided that the State Forest Commission is authorized and 
directed to set aside within the State Forests unusual or 
historical groves of trees or natural features especially 
worthy of permanent preservation to make the same acces- 
sible and convenient for public use and to dedicate them in 
perpetuity to the people of the Stale for their recreation and 
_en.ioynieut ; and the said (Commission is hcrel)y empowered 
to make and execnie contracts or leases in the name of the 
Commonwealth for the mining or removal of any valuable 
minerals that may be found in said State Forests whenever 
it shall appear to the satisfaction of the Commission that it 
would be for the best interests of the State to make such 
disposition of said minerals. Provided, The proposed con- 
tracts or leases of valuable minerals exceeding three hundred 



24 



STATE FORESTRY LAWS PENNSYLVANIA. 



dollars In value shall have been advertised once a week for 
three weeks in at least two newspapers published nearest the 
locality indicated in advance of said contract or lease. Said 
contracts or leases may then be awarded to the highest and 
best bidder who shall give bond for the proper performance 
of the contract, as the Commission shall designate. And the 
State Forest Commission is further empowered to provide 
by rules for any utilization of the land and resources of 
State Forests compatible with the purposes for which the 
State Forests are created, namely, to provide a continuous 
supply of timber, lumber, wood, and other forest products ; 
to protect the water sheds of the rivers and streams of the 
State ; and to furnish opportunities for health and recreation 
to the general public. [L. 1901, act 9, sec. 1=2 Pur. Dig., 
p. 1740, sec. 1 ; • * * ; as amended by L. 1921,^^ act 298, 
sec. 1.] 

No. 12. 

Note — Section 2 of act 9, L. 1901, has been supplied 
by the act contained in L. 1911, p. 163. See Noa. 

No. 13. That the Commissioner of Forestry shall be the 
President and E.xecutive Officer of the Forestry Reservation 
Commission, and also Superintendent of the State Forestry 
Reservations, and shall have immediate control and manage- 
ment, under the directiou of the Forestry Reservation Com- 
mission, of all forest lands already acquired or which may 
hereafter be acquired by the Commonwealth, but the power 
so conferred upon said Commissioner of Forestry shall not 
extend to the enforcement of the laws relating to public 
health [or the protection of flsb and game]." It shall be 
the duty of the Commissioner of Forestry to encourage and 
promote the development of forestry, and to obtain and 
publish information respecting the extent and condition of 
forest lands in the State, and to execute all rules and regu- 
lations adopted by the Forestry Reservation Commission for 
the enforcement of all laws designed for the protection of 
forests from fire and depredation ; and he is hereby em- 
powered to employ such detective service, and such legal or 
other services, as may be necessary for the protection of the 
forestry reservations owned by the Commonwealth and for 
the apprehension and punishment of persons who may vio- 
late any of the forestry reservation laws or any of the rules 
and regulations, which, under the powers herein given, may 
be adopted by the Forestry Reservation Commission : Pro- 
vided, That the services so employed and the expenses that 
may thereby be incurred shall be approved by said Forestry 
Reservation Commission and the Governor of the Common- 
wealth. IL. 1901, act 9, sec. 3=2 Pur. Dig., p. 1741, sec. 6.] 
Sec also Sos. 152; IST; 158. 

No. 14. The Commissioner of Forestry shall receive a sal- 
ary of eight thousand dollars per annum and the Deputy 
Commissioner of Forestry shall receive a salary of six 
thousand dollars per annum, and in addition thereto shall be 
reimbursed for all necessary expenses of travel which may be 
incurred in the discharge of the duties of their offices. The 
other members of the State Forest Commission shall serve 
without salary but shall be reimbursed for all necessary ex- 
penses incurred by them in the performance of the duties of 
their ofBce. [L. 1901, act 9, sec. 4=2 Pur. Dig., p. 1741, 
sec. 7 ; • * • ; as am. by L. 1921,", act 298, Sec. 2.] 



>' Authenticated copies of the 1921 legislation used in this 
leaflet were procured informally, from the ofEce of the Com- 
missioner of Forestry, in advance of the official publication 
of the volume of Session Laws. 

" The provision which Is here enclosed in brackets has 
been modified by subsequent legislation to the extent of 
making it the duty of all forestry officers to safeguard, in a 
reasonable way, the fish and game interests of the State. 
Nos. 82; 83. 



No. 15. The Commissioner of Forestry shall have an oCBce 
at the State Capitol, and it shall be the duty of the Board 
of Commissioners of Public Grounds and Buildings to pro- 
vide, from time to time, the necessary rooms, furniture, ap- 
paratus and supplies, for the use of the Department of 
I'orestry created under the provisions of this act. [L. 
1901, act 9, sec. 5=2 Pur. Dig., p. 1741, sec. 8.] 

No. 16. 

Note. — Section 6 of act 9, L. 1901, Is omitted on 
account of its being obsolete. 

No. 17. 

Note. — While there has been no specific repeal of 
the provisions in section 7 of act 9. L, 1901, the eCEect 
of the present procedure — which makes specific appro- 
priations for the purposes covered by said section, and 
also makes available therefor all receipts from the sale of 
State forest land (see No. 151 (c)) — has been to render 
the provisions of said section 7 inoperative." 

No. 18. The title of all lands acquired by the Common- 
wealth for forestry reservations shall be taken in the name 
of the Commonwealth and shall be held by the Commissioner 
of Forestry, and such lands shall not be subject to warrant, 
survey or patent, under the laws of the Commonwealth 
authorizing th^ conveyance of vacant or unappropriated 
lands, and all such forestry reservation lands shall be 
exempt from taxation from the time of their acquisition. " 
[L. 1901, act 9, sec. 8=2 Pur. Dig., p. 1741, sec. 11.] 

No. 1!). The Commissioner of Forestry shall receive the 
moneys to which the State may be entitled by virtue of the 
sale of any timber, or by virtue of any leases or contracts 
relating to the disposition of minerals, as hereinbefore pro- 
vided, and he shall immediately pay the same over to the 
State Treasurer as a part of the revenue of the Common- 
wealth. The said Commissioner of Forestry shall give his 
bond to the Commonwealth, with two sureties, to be approved 
by the Governor, in the sum of ten thousand dollars, for the 
faithful discharge of the duties imposed by this act and for 
the proper accounting of any moneys to the Commonwealth 
that may come into his hands by virtue of his position as 
Commissioner of Forestry. [L. 1901, act 9, sec. 9=2 Pur. 
Dig., p. 1742, sec. 12.] See also Nos. 52(a); 53(6). 

No. 1» (a). That an act entitled, '' An act to limit the 
amount of money expended each year by the State Forestry 
Reservation Commission in the purchase of lands for the 



" Said section 7 reads as follows : 

The purchase money for lands acquired and all expenses 
that may be incurred, except the salaries of the Commis- 
sioner of Forestry and his clerk, shall be paid by the State 
Treasurer out of any moneys in the Treasury not otherwise 
appropriated, on warrant of the Auditor General, upon 
vouchers duly approved by resolution of the Forestry Reser- 
vation Commission and the Governor of the Commonwealth. 
[L. 1901, act 9, sec 7=2 Pur. Dig., p. 1741, see. 10.] 

" .\n opinion rendered by the .\ssistant Deputy Attorney 
General for Pennsylvania, .\pril 10, 1913 (see Pittsburg 
Leg.nl Journal, vol. 61, p. 319), .holds that the remaining 
provisions of this section (sec. 8, act 9, L. 1901) were re- 
pealed by I>. 1905, act 81. The said provisions read as 
follows : 

In all cases where lands have been purchased, or may 
hereafter be purchased, by the Forestry Reservation Com- 
mission for forest reservations, where there are public roads, 
regularly established, running into or through said land, the 
Commissioner of Forestry, under such rules and regulations 
as the Forestry Reservation Commission is hereby author- 
ized to adopt, ra.iy expend a sum not exceeding twenty-five 
dollars per mile in each year for the maintenance, repair or 
extension of any such roads, and on roads bordering on 
reservations one-half of this rate per mile may be expended. 
.MI expenses that may thus be incurred shall be subject to 
the approval of the Forestry Reservation Commission and 
the Governor of the Commonwealth, and shall be paid In the 
same manner as other expenses are provided for in this act. 
[L. tool, act 9, sec. 8=2 Pur. Dig., p. 1743, sec. 20.] 



STATE FORESTRY LAWS PENXSYLVAKIA. 



26 



commonwoalth " approved April fifteen, one thousaiul nine 
hundred and three (Pamphlet Laws, page two hundred and 
one), and also an act entitled, "A Supplement to an Act 
entitled ' An Act to estahlish a Department of Forestry, to 
provide tor Its proper administration, to regulate the acquisi- 
tion of land for the Commonwealth, and to provide for the 
control, protection, and maintenance of forest reserves by 
the Department of Forestry ' approved the twenty-flith day 
of February. Anno Domini, one thousand nine hundred and 
one (Pamphlet Laws, page eleven), authorizing the Depart- 
nwnt of Forestry to designate certain of the foresters within 
its employ to act as District Foresters in the performance 
of general forest work other than within the State Forests " 
approved .July twenty-first, one thousand nine hundred thir- 
teen (Pamphlet Laws page hundred si-xty-four) be 
and tlie same are hereby repealed. All other acts or parts 
of acts inconsistent herewith or supplied by this act are 
hereby repealed. [L. 1901, act 9, sec. 10=2 Pur. Dig.. 
p. 1742, sec. 13 ; as amended by L. 1921,'' act 29.S. sec. 3.] 

.\o8. 20 and 21. 

NOTE. — Act 86, L. 1901, has been placed under the cap- 
tion. " (iroup of Acts Constituting Firewarden System 
Prior to 1915." See Ao«. 157, 158. 

\o. 22. Be it enacted, &c.. That the persons employed, 
under existing laws, by the Commissioner of Forestry, for the 
protection of State Forestry Reservations, shall, after taking 
the proper ofBcial oath before the clerk of the court of quarter 
sessions of any county of the Commonwealth, be vested with 
the same powers as are by existing laws conferred upon con- 
stables and other peace officers ; to arrest on view, without 
first procuring a warrant therefor, persons detected by them 
in the act of trespassing upon any forest or timberland 
within this Commonwealth, under snch circumstances as to 
warrant the reasonable suspicion that such person or persons 
have committed, are committing, or are about to commit, 
some offense or offenses against any of the laws now enacted 
or heriafter to be enacted for the protection of forests and 
tiraherlnnds. Such officers shall likewise be vested with 
similar powers of arrest, in the case of offenses against the 
laws or the rules and regulations enacted or to be enacted 
for the protection of the State Forestry Reservation, or for 
the protection of the fish and game contained therein : Pro- 
vided. That the above mentioned rules and regulations shall 
have been previously conspicuously posted upon the reserva- 
tion. Said officers shall further be empowered, and it shall 
be their dut.v, immediately upon any such arrest, to take and 
convey the offender or offenders before a justice of the peace 
or other magistrate having jurisdiction, for hearing and 
trial, or other due process of law : Provided further. That this 
act shall extend only to the case of offenses committed upon 
said Forestry Reservations and lands adjacent thereto ; and 
the powers herein conferred upon said officers shall not be 
exercised beyond the limits thereof, except where necessary 
for the purpose of pursuing and arresting such offenders, or of 
conveying them into the proper legal custody, for punishment, 
as aforesaid. [L. 1903, act 29, sec. 1=2 Pur. Dig., p. 1742, 
sec. 14.] See also Nos. 9; lOi; 82: 8.3. 

No. 22 (n). Be it enacted, etc.. That on and after the 
passage of this act, the Governor be and he is hereby author- 
ized to appoint a deputy Commissioner of Forestry • • •. 
[L. 1903, act 59, sec. 1=2 Pur. Dig., p. 1740, sec. 2.] See 
(iJso No. H. 

"So. 23. Be it enacted, &c.. That the Commissioner of 
Forestry and the Forestry Reservation Commission are 
hereby authorized and empowered to give to street railway 
companies, duly incorporated under the laws of this Common- 
wealth, upon such terms and subject to such restrictions and 
regulations as said Commissioner and Commission may deem 



proper, the piivilege to construct, maintain and operate their 
lines of railway over, along and upon public highways now 
laid out and in actual use, which lie within or border on any 
forest reservations now owned or hereafter to be acquired by 
the Commonwealth, whenever in the judgment of the said 
Commissioner and Commission the Interests of the Common- 
wealth in the said reservations shall be benefited thereby. 
[L. 1903, act 144, sec. 1=2 Pur. Dig., p. 1752, see. 68.] 

\o. 24. 

NOTK. — The text of No. 24 has been deleted in conse- 
(luence of the repeal of the act therein referred to 
(L. 1903. p. 201) bv li. 1921, act 298. see. 3. See 
No. 19 (a). 

Xo. 25. Be it enacted, &c.. That the Commissioner of For- 
estry is hereby directed, under the advice of the State For- 
estry Reservation Commission, to purchase suitable buildings 
and land adjacent to the Mont Alto State Forestry Reserva- 
tion or to erect buildings on said Reservation, at a cost not 
to exceed six thousand dollars, and to establish and provide 
therein and on said Reservation practical instruction in for- 
estry, to prepare forest wardens for the proper care of the 
State Forestry Reservation lands ; [the said Instruction not 
to cost a sum exceeding ten thousand dollars, for the two 
fiscal years ending June first, one thousand nine hundred and 
five ; and the sum of sixteen thousand dollars, or so much 
thereof as may be necessary, is hereby appropriated, out of 
moneys not otherwise appropriated, for said purposes ; to be 
paid by warrant drjiwn by the Auditor tteneral upon resolu- 
tion of the State Forestry Reservation Commission]."' [L. 
1903, act 295, sec. 1=2 Pur. Dig., p. 1752, sec. 69.] 

iVo. 20. Whereas, The Commonwealth of Pennsylvania is 
acquiring large tracts of lands, in its several counties, for 
the purpose of establishing forest reservations ; and 

Whereas, The purchasing of said lands by the Common- 
wealth makes said lands exempt from taxation ; and 

Whereas, Because of said exemption from taxation, districts 
in I lie several counties lose the revenue secured from said 
prior taxation, and works a hardship upon the citizens 
thereof, by compelling them to make up the loss on [school 
and] =» road-taxes thus brought about : 

Be it enacted, &c.. That from and after the passage of 
this act, all lands acquired by the Commonwealth for forest 
reserves, and now exempt from taxation, shall be subject 
to an annual charge of [three cents per acre, for the benefit 
of the schools in the respective districts in which said re- 
serve or reserves are located, and] '^ two cents per acre, for 
the benefit of the roads in the townships where .said reserve 
or reserves are located. II.. 190.^>, act 81. preamble and sec. 
1=5 Pur. Dig., p. 6258, sec. 1S6.] See also Nos. it; i2; 65; 

66; ise; isy. 

No. 27. The Commissioner of Forestry shall certify to the 
respective [school districts and] '» townships, throughout 
the Commonwealth, in which forest reserves are located, the 
number of acres owned by the Commonwealth in each 
[district or] township, upon application of the [treasurer 
or] road supervisors of any of the said [districts or] town- 
ship.s, and the charge against the same ; and shall, further- 
more.' certify to the State Treasurer the number of acres, 
as aforesaid, and tlie charge against the same and in favor 
of the respective [districts and] townships. The State 
Treasurer shall, upon the approval of the proper warrants 
of the Commissioner of Forestry, pay to the several [school- 



■»The concluding portion of this text, which la here en- 
closed in [ ], is obsolete. 

»The portions of this act (L. 1905, act 81) which are 
here enclosed in [ ] contain provisions concerning the 
charges for the benefit of schools, which provisions have 
been repealed by L. 1909, act 556. (See Nos. il; i*-) 



26 



STATE FORESTRY LAWS — PENNSYLVANIA. 



districts and] townships the amounts due the same from 
the Commonwealth, and derived under this act, upon due 
application therefor made by the [treasurers or] road super- 
visors of the said [districts and] townships. [L. 1905, act 
81, sec. 2=5 Pur. Dig., p. 6258, sec. 187.] See aUo Nos. 
1,1; Ji2; 65; 66; 1S6; 1S7. 

No. 28. Be it enacted, &c., That the Commissioner of For- 
estry and the Forestry Eeservation Commission are hereby 
authorized and empowered to give to boroughs and other 
municipalities of this Commonwealth, upon such terms and 
.subject to such restrictions and regulations as said Commis- 
sioner and Commission may deem proper, the privilege of im- 
pounding water upon any Forest Reservations, now owned 
or hereafter to be acquired by the Commonwealth, and of 
constructing, maintaining and operating lines of pipes upon 
and through said reservations, for the purpose of conveying 
water therefrom, whenever in the judgment of the said 
Commissioner and Commission it shall be to the public in- 
terest so to do. [L. 1905, act 114, sec. 1=5 Pur. Dig., p. 
6234, sec. 1.] See also Nos. 52 (a) ; 52 (ft). 

No. 29. Be it enacted, &c.. That fallows, stumps, logs, 
brush, dry grass, fallen timber, or tree-tops shall not be 
burned in any forest lands of this Commonwealth, in which 
there are producing oil-wells or gas-wells, or rigs erected for 
drilling such wells, from the first day of April in each year 
to the twentieth day of May next ensuing, nor from the 
tenth day of September in each year to the tenth day of 
November, next ensuing. Excepting during the periods afore- 
said, fires may be set in such lands upon the following condi- 
tions : First, that written permission thereto, of the fire- 
warden of the proper township, shall first be obtained ; sec- 
ond, said firewarden shall be personally present when such 
fire is started ; third, such fire shall not be started during a 
strong wind, nor without sufficient help to control the same 
at all times ; fourth, such fire shall be watched and guarded, 
by the person by whom it is started, until it is extinguished. 
No flres shall be set, or allowed to burn, in said lands, except- 
ing upon compliance with the conditions aforesaid. Any 
person violating any provisions of this section shall be 
deemed guilty of a misdemeanor ; and, upon being convicted 
thereof before any alderman or magistrate, shall be fined by 
the said alderman or magistrate, — for the first offense, in 
the sum not less than ten dollars or more than twenty 
dollars, and for the second, and every subsequent offense, in 
a sum not less than twenty nor exceeding one hundred 
dollars, to be paid to the county wherein such offense may 
be committed ; and if said fine or penalty and the costs of 
the proceedings be not paid, then said alderman or magis- 
trate shall commit said offender to the county jail, there to 
remain until discharged by due course of law : Provided, 
That when the fine imposed exceeds the sum of twenty dol- 
lars, the party complained against may appeal from the de- 
cision of said alderman or magistrate to the court of quarter 
sessions, upon his entering bail, in the nature of a recog- 
nizance, in the usual manner, for his appearance at said 
court, where the offense shall be prosecuted in the same 
manner as is now directed by law in other cases of misde- 
meanor. [L. 1907, act 334, sec. 1=5 Pur. Dig., p. 6245, 
sec. 92.] 

No. 30. .A.ny owner or lessee of any forest lands, or owner 
of trees growing upon said lands, or any person in charge of 
the premises upon which lands there are producing oil-wells 
or gas-wells, or rigs erected for drilling such wells, shall, at 
least once in each year, cause to be moved from said lands 
all brush, tree-tops and branches of trees, which such owner, 
lessee, or other person In charge of the premises, may have 
cut or felled thereon, within one hundred feet, respectively, 
of all such wells or rigs ; and shall, at least once in the year, 
cause to be removed from said land all grass, brush, tree- 



tops, and branches of trees, and other inflammable material, 
within one hundred feet of the right of way of any railroad 
company operating thereon ; to the end that during the 
spring and autumn season, as defined in the first section of 
this act, the said area shall be free and clear of such in- 
flammable material. In case any person, partnership, or 
corporation shall neglect to perform the duty imposed by 
this section, the same shall be liable to a penalty of fifty 
dollars for failure, in any instance, to comply with the duty 
imposed by this section ; to be paid to the county where the 
offense may be committed, recoverable in an action of as- 
tumpsit, in which the county wherein such violation occur 
.shall bo the plaintiff. [L. 1907, act 334, sec. 2=5 Pur. Dig., 
p. 6245, sec. 93.] 

No. 31. Every railroad company shall, on such part of 
its road as passes through forest land on which there are 
producing oil-wells or gas-wells, or rigs erected tor drilling 
such wells, cut and remove from its right of way through 
said lands, at least once a year, all grass, brush and other 
inflammable materials ; employing, in the seasons defined 'n 
the first section of this act, sufficient trackmen to promptly 
put out fires on its right of way ; provide locomotives 
thi'reon with steel netting or iron wire on the smokestacks, 
or other eflicient spark arresters, to prevent the escape of 
fire or sparks, and adequate devices to prevent the escape of 
fire from ash pans and furnaces, and the same shall be used 
by every engineer and fireman on such part of its road. No 
railroad company, or employe thereof, shall deposit fire, coals, 
or ashes on its track or right of way near such lands. In 
case of fire on its own or neighboring lands, witliin one hun- 
dred feet of its tracks, the railroad company shall use all 
practicable means to put it out. In case of any violation of 
the provisions of this section, such railroad company shall 
be answerable to the owner or owners of any property de- 
.stroyed or injured by fire in consequence of such violation ; 
and said company shall further be liable to a penalty of one 
hundred dollars for such violation, to be paid to the county 
wherein the violation may occur, recoverable in an action of 
assumpsit in which the county wherein such violation occurs 
shall be the plaintiff. [L. 1907,, act 334, sec. 3=5 Pur. Dig., 
p. 6245, sec. 94.] 

No. 32. Whereas, It has been demonstrated by time and 
experience in the countries of continental Europe that prop- 
erly managed municipal forests have proved to be important 
sources of municipal revenue, tending greatly to reduce the 
burden of municipal taxation ; and 

Whereas, many of the townships, and cities of this Com- 
monwealth are so located that it would be proper and 
expedient for them to possess tracts of land to be used for the 
purposes of municipal forests, in many instances conserving 
and protecting the water supply and promoting the healthful- 
ness of said municipality, and capable, as well, of yielding 
revenue applicable to the purposes of such municipalities ; 
therefore : — ■ 

Be it enacted, &c.. That all townships of the first class, and 
cities of this Commonwealth are hereby empowered to acquire, 
by purchase, gift, or lease, and hold as the property of the 
municipality, tracts of lands at present covered with forest 
or tree growth, or suitable for the growth of trees, and to 
administer the same, under the direction of the Commissioner 
of Forestry of the Commonwealth of Pennsylvania, in accord- 
ance with the practices and principles of scientic forestry, 
for the benefit and advantage of the said municipalities. Such 
tracts may be »f any size suitable for the purpose, and may be 
located either within, adjacent to. or at a distance from the 
corporate limits of the municipality purchasing the same : 
Provided, That it shall be requisite for the commissioners, or 
ma.vor of any municipality, availing itself of the provisions 
of this act, to submit to the Commissioner of Forestry, and 
secure his approval of, the area and location of any lands 



STATE FORESTRY LAWS PENNSYLVANIA. 



27 



proposed to bp acquired for the purposes of municipal forests, 
previous to tlie passage of the ordiuauce provided for In 
section two. [L. 1909, act 79, preamble and sec. 1^6 Pur. 
Dig., p. 6757, sees. 207 ; 208 ; as am. by L. 1915, act 192, ch. 
XIII, art. I, sec. 1 (c)'\ pp. 440, 459=5 Pur. Dig., p. 5452 
(C), p. 5460.] See also Xos. SS (a)-(h). 

No. 33. Wlienever tlie township commissioners of any 
township of the first class, or the councils [council] of any 
city, shall deem it expedient for the municipality to acquire 
any such lands for the purposes of a municipal forest, tliey 
shall so declare in an ordinance, wherein shall be set forth 
all facts and conditions relating to the proposed action ; 
which said proposed ordinance prior to its passage shall be 
duly advertised once a week for three weelis and after its 
passage and approval in accordance with existing law. All 
money necessary for the purchase of such tracts shall be 
appropriated in lil<e manner as is now done, under existing 
law, for municipal purposes ; and such funds may be pro- 
vided out of current revenue, or by the proceeds of a sale of 
bonds, in accordance with existing law. [L. 1900, act 79, 
sec. 2=6 Pur. Dig., p. 6757, sec. 209 ; as am. by L. 1915, 
act 192, ch. XIII, art. I. sec. 1 (c)=', pp. 446. 459=5 Pur. 
Dig., p. 5452 (C), p. 5460.] See also Nos. S3(a)-(li). 

No. 34. Upon the acquisition of any municipal forests or 
of lands suitable for such, under this act, the proper authori- 
ties shall notify the Commissioner of Forestry, who shall 
make such rules for the government and proper administra- 
tion of the same as may lie necessary. The municipal authori- 
ties shall thereupon publish such rules, declare the uses of 
the forests in accord with the true intent of this act, and 
make such provision for its administration, maintenance, 
protection, and development as shall be necessary or ex- 
pedient. [I/. 1909, act. 79, sec. 3=6 Pur. Dig., p. C757, sec. 
210.] See also No. 85 (a)-(ft). 

No. 35. .\11 moneys necessary to be expended, from time 
to time, for the administration, maintenance, protection, and 
development of said forest, shall he appropriate!] and applied 
as is now done, under existing law, for municipal purposes ; 
and all revenue and emoluments arising from said forest shall 
he paid Into the municipal treasury, to be used for general 
municipal purposes. [L. 1909, act 79, sec. 4^0 Pur. Dig., 
p. 6757, sec. 211.] See also No. 8S(a)-{h). 

No. 36. The municipal forest may be used by the people 
for general outing or recreation grounds, subject to the 
rules governing its administration for the purpose of a 
municipal forest, in which the major idea shall be the sale 
of forest products for producing a continuing municipal 
revenue. [L. 1909, act 79, sec. 5=6 Pur. Dig., p. 6757, sec. 
212.] See also No. 8S {a)—(h). 

No. 37. The alienation of a municipal forest, or any part 
thereof, shall be made only in tlie manner prescribed herein 
for the purcliasc of the same ; to wit. by ordinance duly 
advertised before and after passage, but such ordinance 
shall not be eflEective In legalizing such alienation until after 
It shall have been approved by a majority vote of the 
people at the next ensuing election. [L. 1909, act 79, sec. 
6=6 Pur. Dig., p. 6757, see. 213.] See also No. 8S (o) — (ft). 

No. 3.S. Be it enacted, &c.. That whenever an application 
shall be made to the Secretary of Internal Affairs for any 
vacant or unappropriated land, of any kind or description 
whatsoever, • • • [and he shall have determined by in- 



21 This subdivision (c) of the 1915 General Borough Act 
repealed In express terms all provisions In the 1909 General 
Borough Act which related to boroughs. Consequently, all 
references to boroughs are here omitted in the sections con- 
tained in Nos. 32; 33. 



vestigation, and survey If necessary, that the land Is 
vacant and unappropriated,] it shall be the duty of the 
Secretary of Internal Affairs to submit to the State For- 
estry Reservation Commission a copy of the application 
made for said vacant or unappropriated land, together with 
a description thereof as ascertained through said investi- 
gation and survey ; wliereupon it shall be the duty of the 
said State Forestry Reservation Commission to determine 
whether it is desirable or practicable that such vacant or 
unappropriated land should be acquired for forest culture 
or forest reservation ; and said State Forestry Reservation 
Commission shall, within the period of two months, make 
report to the Secretary of Internal Affairs as to the de- 
sirability or practicability of securing such vacant or unap- 
propriated land f(tr forest culture or forest rf'scrvation : and 
if in said report a request shall be made for the conveyance 
of such vacant or unappropriated land to the State For- 
estry Reservation Commission, it shall be the duty of the 
Secretary of Internal Affairs to grant a warrant and patent, 
according to the usual custom of the Land Ofiice Bureau, 
conveying such vacant or unappropriated land to the State 
Forestry Commission, without the payment of any purchase 
money, interest, or fees. [L. 1909, act 2S1.— sec. 1^5 Pur. 
Dig., p. 6241, sec. 58.] 

No. Xft. That whenever the State Forestry Reservation 
Commission shall apply tor vacant or unappropriated land 
for forest culture or forest reservation, the Secretary of 
Internal Affairs is hereby authorized to grant title to such 
applied for lands in the manner provided by law, without 
the payment of purchase money, interest, or fees. [h. 1909, 
act 231, sec. 4=5 Pur. Dig., p. 6241, sec. 61.] 

No. to. 

Note. — Section 7 of act 231, L. 1909, contains the 
repealing clause. -^ 

No. 41. Whereas, The Commonwealth of Pennsylvania Is 
acquiring large tracts of land in its several counties, for the 
purpose of establishing forest reserves, which lands are 
exempt from taxation ; and 

Whereas, Because of such exemption, the several school 
districts within whicli said reserves are located lose the 
revenue secured from prior taxation, thus working a hard- 
ship upon the citizens of said districts ; therefore. 

Be it enacted, &c.. That from and after the passage of 
this act, all lands now acquired or hereafter to be acquired 
by the Commonwealth for forest reserves, and which by 
existing law are now exempt from taxation, shall be subject 
to an annual charge of two cents per acre for the benefit 
of the schools in the respective districts In which said re- 
serves are located ; Provided, That no school district shall 
be entitled to receive any sum of money from the State, 
under this act, unless said school district shall levy and 
collect a tax, for the support of its schools, of not less than 
four mills on the dollar of the assessed valuation of property 



=' These excerpts from section 1 of act 231, L. 1909, and 
the portion of said section which Is here paraphrased, to- 
gether with sections 4 and 7 (see Nos. S9; .JO), are the only 
portions of the act which are relevant to the purposes of 
this compilation. The remainder of the act is. accordingly, 
omitted. 

=' Section 7 reads as follows : 

The act of Assembly, entitled "An act relating to the 
granting of titles by the Commonwealth to vacant or un- 
appropriated land, the price to be paid for the same, the 
conveyance to the State Forestry Reservation Commission 
whi're desirable for forest culture or forest preservation, 
and preventing the granting of warrants for the beds of 
navigable rivers." approved the twenty eighth day of March, 
Anno Domini one thousand nine hundred and five, is hereby 
repeali d ; and all other acts, or parts of acts inconsistent 
with the provisions of this act. are also hereby repealed. 
[L. 1909, act 231, sec. 7=5 Pur. Dig., p. 0241, sec. 64.] 



28 



STATE FORESTRY LAWS PEMNSYLVANIA. 



in said school district. [L. 1909. act 556, preamble and sei'. 
1=5 Pur. Dig., p. 0257, sec. 183.] See also Xos. 26; 37; CJ ; 
CC; ISej 137. 

No. 42. The Commissioner of Forestry shall certify to the 
respcctiTe school districts throughout the Commonwealth in 
which forest reserves are located, and to the State Treasurer, 
the number of acres owned by the Commonwealth therein, 
for forest reserve purposes, and the amount of the charge 
in favor of each district. The Commissioner of Forestry 
shall draw his warrant in favor of the treasurer of each of 
said school districts, which said warrants, after the approval 
and counter signature of the Auditor General of the Com- 
monwealth, shall be paid by the State Treasurer to the 
respective school districts in whose favor the same may be 
so drawn ; • • ♦. " [L. 1909, act 55G, sec. 2=5 Pur. 
Dig., p. C257, SCO. I.S4.] See (iIko Xos. f.6 ; 27; (i.T ,- m: Un ; 
137. 

No. 43. Be it enacted, &c., That if any person shall wil- 
fully, negligently or maliciously kindle a fire upon or within 
any of the forest reserves of this Commonwealth, cause a fire 
to burn thereon except in accord with such rules as m.iy he 
prescribed by the Department of Forestry ; or shall wilfully, 
negligently or maliciously set fire upon adjacent lands, which 
fire shall be communicated to the State Forest Reserves ; such 
person shall be guilty of a misdemeanor, and upon conviction 
thereof be subject to a fine not exceeding one thousand dol- 
lars for each offense, or imprisonment not exceeding six 
months, either or both, at the discretion of the court, together 
with costs of suit. [L. 1911, p. 163, sec. 1=5 Pur. Dig., p. 
6252, sec. 148.] 

No. 44. If any person, without the consent of the Com- 
monwealth or any of her agents, shall wilfully, negligently or 
maliciously cut bark from, or cut down, injure, destroy or 
renioTp, a tree or trees on any forest reserve of this Common- 
wealth, or shall wilfully, negligently or maliciously do or 
cause to be done any other act to the damage of said reserve, 
or the trees growing therein, such person shall be guilty of 
a misdemeanor, and upon conviction thereof shall he subject 
to a fine not exceeding five hundred dollars for each offense, 
or imprisonment not exceeding three months, either or both, 
at the discretion of the court, with costs of suit. [L. 1911, 
p. 163, sec. 2=5 Pur. Dig., p. 6252, sec. 149.] 

No. 45. If any person shall wilfully, negligently or ma- 
liciously violate any of the rules made for the government of 
the State Forest Reserves, or shall cut, tear down, deface, or 
otherwise mutilate, injure or destroy, any of the copies of 
the rules or other notices relating to forest administration, 
which may be posted therein by the Department of Forestry 
or any of Its officers or agents, such person shall be guilty of 
a misdemeanor, and upon conviction thereof shall be subject 
to a fine not exceeding one hundred dollars for each offense, 
or imprisonment not exceeding thirty days, either or both, at 
the discretion of the court, with costs of suit : Provided, That 
no conviction shall be had for any act committed in violation 
of this section unless it shall affirmatively appear that copies 
of such rules or notices were prominently posted in, upon 
or about said Forest Reserves. [L. 1911, p. 163, sec. 3=5 
Pur. Dig., p. 6253, sec. 150.] 

No. 46. All fines collected for the violation of any of the 
provisions of this act shall be paid to the Commissioner of 
Forestry, who shall pay the same to the State Treasurer, for 
the use of the Commonwealth. [L. 1911, p. 163, sec. 4=5 
Pur. Dig., p. 6253, sec. 151.) 

"* The portion of this section which is here omitted pro- 
vided an appropriation for the purposes of the act during 
the two fiscal years following. 



STo. 47. The term " person " as used in this act. shall in- 
clude not only individuals, or natural persons, but, as well, 
artificial persons, existing only in contemplation of law ; and 
shall be construed to mean partnerships, limited partner- 
ships, joint-stock compMnics, and corporations, and the offi- 
cers, agents and employes of the same. [L. 1911, p. 163, 
sec. 5=5 Pur. Dig., p. 6253, sec. 152.] 

No. 4S. Be it enacted, &c.. That the United States of 
America is hereby empowered to acquire by purchase, or by 
making adequate compensation under condemnation proceed- 
ings, such lands in Pennsylvania as in the opinion of the 
Federal Government may be needed for the establishment of 
National Forest Reserves in this State, in accordance with 
an act of Congress, entitled "An act to enable any State to 
cooperate with any other State or States, or with the United 
States, for the protection of the watersheds of navigable 
streams, and to appoint a commission for the acquisition of 
lands for the purpose of conserving the navigability of navi- 
gable rivers," approved the first day of March, one thousand 
nine hundred and eleven : Provided, That the approval of 
the State Forestry Reservation Commission and the Water 
Supply Commission shall he first had and obtained. Pro- 
vided further. Tliat the Commonwealth of Pennsylvania shall 
retain a concurrent Jurisdiction with the United States in 
and over such lands, so far that civil process, in all cases, 
and such criminal process as may issue under the authority 
of the t'ommonwnalth of Pennsylvania against any iierson 
charged with the commission of any crime, without or within 
.'^aid Jurisdiction, may he executed thereon in like manner as 
if tliis act had not been passed. [L. 1911. p. 271, sec. 1^5 
Pur, Dig., p. 6253, sec. 154; as amended iiy I,. 1921,'" act 
129, sec. 1.] 

No. 4!). That the said United States of America is hereby 
empowered to pass such laws as it may deem necessary to 
the acquisition of land in Pennsylvania, as hereinbefore pro- 
vided, and tor incorporation of such land into said National 
Forest Reserves, as in the opinion of the Federal Govern- 
ment may he needed for this purpose. [L. 1911. p. 271, sec. 
2=5 Pur. Dig., p. 6253, sec. 155.] 

No. 50. That the said United States of America is hereby 
empowered to pass such laws, and to make or provide for 
the making of such rules, of both a civil and criminal nature, 
and provide punishment for the violation thereof, as in Its 
Judgment may be necessary for the management, control, and 
protection of such lands acquired from time to time by the 
United States of America under the provisions of this act : 
Provided, however. That the authority hereby given shall be 
suhject to all the conditions and stipulations and reserva- 
tions contained in this act. [L. 1911, p. 271, sec. 3=5 Pur. 
Dig., p. 0253, sec. 156.] 

No. 51. That tills act shall not confer power to condemn 
land now held or hereafter to be acquired by Pennsylvania 
as and for a State Forest Reserve. [L. 1911, p. 271, see. 
4=5 Pur. Dig., p. 6253, sec. 157.] 

No. 52. Notliing In this act shall be construed to repeal 
or invalidate or in any way affect the provisions of an act 
of Assembly, approved the twenty-second day of April, one 
thousand nine hundred and five, entitled " An act to pre- 
serve the purity of the waters of the State, for the protec- 
tion of the public health," or the provisions of an act, ap- 
proved the twenty-seventh day of April, one thousand nine 
hundred and five, entitled " An act creating a Department 
of Health, and defining its powers and duties," or the pro- 
visions of an act, approved the fourteenth day of May, 
.\nno Domini one thou.sand nine hundred and nine, entitled 
" .\n act to safeguard human life and health throughout the 
Commonwealth by providing regulations for the control of 



STATE FORESTRY LAWS PENNSYLVANIA. 



29 



certain communicalile discasos and the prevention of Infec- 
tion tlierefrom. and prescribing penalties for the violation of 
said regulations." (L. 1911, p. 271. see. 5=.'5 Pur. Dig., 
p. 0253, sec. 158.] 

Xo. 52(a). The receipts :iud proceeds derived in an.v way 
from, or on account of, the fore,st reservations, now or 
hereafter acquired b.v this Tonunonwealth, * * * ^ shall 
belong to and constitute a fund, to be Ijnown and desig- 
nated as " The State School Fund of Pennsylvania," which 
is to be maintained as herein provided : Provided, however, 
That the forest reservations shall continue to be wholly 
under the control of -(he State Forest Reservation Commis- 
sion, as now provided by law. [L. 1911, p. 309, art. 27, 
.sec. 2701. as am. by L. 1915, act 370, see. 1=5 Pur. Dig., 
|i. .")G:!1, sec. 608.] See also Xo. l-'ilc. 

No. 52(l>). * * * -° All receipts derived in any way 
from, or on account of, the State forest reservations, 
• • • shall always be promptly paid to the State 
Treasurer, and Itept by him in a separate account, subject 
to the di.sposal of the State Board of Education as herein 
provided; • • • [L. 1911, p. 309, art. 27, sec, 2702, as 
.luiendcd by L. 1915, act 370, see. 2=5 Pur. Dig., p. 5G31, 
sec. 009.] See also No. l.ilc. 

\o. 3a, Be it enacted, &e., That if any person shall wil- 
fully, ne^ligentl.v, or maliciously .set on fire, or cause to be 
set on fire, any woodlands within the Commonwealth, or 
shall directly or indirectly, without the consent of the 
owner, cause fire to burn therein ; or shall wilfully, negli- 
gently, or maliciously set nre upon adjacent lands, which 
fire shall be communicated to woodlands ; such per.son shall 
be guilty of a misdemeanor, and on conviction tliereof be 
fined not exceeding one thousand dollars for each offense, 
or Imprisonn.ent not exceeding six months, either or both, 
at the discretion of the court, together with costs of suit. 
[L. 1911. p. S61, sec. 1=5 Pur. Dig., p. 0249, sec. 120.] 

No. 53(a). 

Note. — Sections 2. 3, 4 of act on page 801 of L. 1911, 
are omitted for the reason that the provisions thereof do 
not come within the scope of this compilation, as hav- 
ing for their purpose the practice of forestry. 

No. 54. The term " person " as used In this act, shall in- 
clude not only indi\nduals or natural persons, but as well 
artificial persons, existing only in contemplation of law, and 
shall be construed to mean partnerships, limited partner- 
ships, joint-stock companies and corporations, and the 
officers, agents, and employes of the same. [L. 1911, p. 
SOI, sec. 5=5 Pur. Dig., p. 6249, sec, 121.] 

No. 55. The term " woodlands," in this act, is intended 
to include, and shall be construed to mean, woods, farmers' 
woodlots, marshes, moors, brush, barrens, brush lands, and 
wild, unseated uncultivated land. [L. 1911. p. 801, sec. 
0=5 Pur. Dig., p. 6249, sec, 122.] 

No. 66. .\11 fines which shall be collected or paid under 
this act shall be remitted at once to the treasurer of the 
county wherein tlie same shall be collected or paid, to be- 
come a part of the general fund of the county. [L. 1911, 
p. SOI. sec. 7=5 Pur. Dig., p. 6249, see. 123. 1 

No. 67. Be it enacted, &c., That the Department of For- 
estry Is hereby authorized to lease, for a period of not ex- 
ceeding ten years, on such terms and conditions^ as it may 



^- The portions of sections 2701, 2702 of the School Code 
which are here Included in Nos. 52(a) ; 52(b), are the only 
portions of those sections -n-hlch are relevant to the pur- 
poses of this compilation. 



consider reasonable, to any citizen, church, organization, or 
school board of Pennsylvania, such portion of the State For- 
est as the Department may deem suitable, as a site for a 
temporary building to be used by such citizen or family for 
health and recreation, or as a site for church or school 
purposes. [L. 1913, act 16, .sec. 1=5 Pur. Dig., p. 6257, 
sec. 178,] 

No. B8. The receipts from such leasing shall be paid Into 
the State Treasury. [Eighty per centum] =" thereof, so paid 
in, shall constitute a part of the State school fund of Penn- 
s.vlvanla. [L. 1913, act 10, sec. 2=5 Pur. Dig., p. 6257, 
sec. 179.] 

No. 5!). Be it enacted, &c.. That all surface land which 
may hereafter be classified and set apart as auxiliary forest 
reserves, in the manner provided by law, shall be rated in 
value, for the purpose of taxation, not In excess of one dol- 
lar (.$1.00) per acre and shall continue to be so rated so 
long as the said land remains within the class designated as 
auxiliary forest reserves : Provided, however. That If the 
said surface land be underlaid with coal, iron ore, oil, gas, 
or other valuable minerals, said minerals may be separately 
assessed. The assessors in the several districts in which 
such lands are situate shall assess such land in the manner 
now or hereafter provided for the assessment of real estate 
for purposes of taxation, as if they had not been set apart 
as auxiliary forest reserves, and shall make their returns to 
the county commissioners In like manner as is now or here- 
after may be provided by law, subject to exception, appeal, 
and final adjustment. [L.. 1913, act 269, sec. 1=5 Pur. Dig., 
p. 6255, sec. 168.] 

No. 00. Upon receipt of assessment returns from the 
various assessors, the county commissioners shall reduce, In 
their records, to a sum not In excess of one dollar ($1.00) 
per acre, the assessment on all those lands which shall have 
been placed in the class known as auxiliary forest reserves, 
in accordance with certificates filed with them by the State 
Forestry Reservation Commission, and the original assess- 
ment returns made by said assessors shall be preserved. [L. 
1913, act 269, see. 2=5 Pur. Dig., p. 6255, sec. 169.] 

No. 61. Whenever timber, on land which is included in 
the class of land known as auxiliary forest reserves, Is 
about to be harvested, the then owner of the timber on said 
land shall give a bond to the county treasurer In twenty 
per centum of the amount of the estimated value of the 
timber to be harvested, and to be approved by the court of 
the county, conditioned to pay to the county treasurer, 
within ninety days after harvesting, ten per centum of the 
value of the trees immediately at and before the time of 
harvesting; which amount shall be ascertained l)y statement 
and return, under oath or affirmation, furnished In triplicate, 
one to the county commissioners, one to the county treasurer, 
and one to the commission, immediately after harvesting, by 
the then owner of the land, setting forth said value; which 
sum thus paid shall be divided and distributed by the county 
treasurer of each count.v — to the county, and the poor dis- 
trict, the road district, and the school district of the town- 
ship In which the auxiliary reserve Is situate, pro rata, based 
upon the last assessed miUage of taxation for county, poor, 
road, and school purposes within said taxing district. 

Such sum of money when ascertained to he due as a tax 
by the filing of the foregoing statement and return, under 
oath, and, as hereinbefore provided, directed to be paid to 



" The limitation contained in the words " Eighty per 
centum," here Inclosed in [ ], is no longer operative, since 
sections 2701, 2702 of the School Code, as amended by act 
370 of li. 1915, now require that all receipts and proceeds 
derived from such leasing, shall be paid into the State School 
Fund. See Nos. 52 (a) : 52 (h). 



30 



STATE FORESTRY LAWS PENKSYLVANIA. 



the county treasurer by the owner of an auxiliary forest 
reserve, shall, from the time of such filinj;, be and remain 
a lien upon the land of such owner until payment shall have 
been made : And be it further provided, That all moneys re- 
ceived by the boards of supervisors shall be appropriated 
exclusively to the opening, maintenance, and repair of the 
public roads now or hereafter passing through or into said 
auxiliary forest reserves, or upon which said reserves now 
or hereafter may abut ; and, in the event that no public 
highways pass through or into said reserves, or none of said 
reserves abut on such highways, then said moneys shall be 
used for general township road purposes. [L. 1913, act 269, 
sec. 3=5 Pur. Dig., p. 6255, sec. 170.] 

No. 62, Should the county commissioners be dissatisfied 
with the return made, as hereinbefore provided In section 
three hereof, the court of common-pleas of the proper county, 
on petition of the commissioners, shall appoint a board of 
three appraisers, who shall go upon the land in question, 
estimate the quantity and value of the trees immediately at 
and before the time of harvesting, and make a return thereof 
to the court, which said return shall then be made the basis 
upon which each owner shall make payment to the respective 
county treasurers, unless changed upon appeal. The said 
appraisers shall be duly sworn or affirmed before entering 
upon their work, and either party, if dissatisfied with the 
report of the appraisers, shall have right of appeal to the 
court of common pleas of the county, within ten days after 
such report shall be filed and notice thereof given the owner. 
The said appraisers shall be allowed their expenses and a 
compensation to be fixed by the court, both to be paid by the 
county commissioners. [L. 1913, act 269. sec. 4^5 Pur. 
Dig., p. 6256, see. 172.] 

No. 63. In case of the removal of said lands from the 
class known as auxiliary forest reserves, prior to the matur- 
ity of the timber, and without payment of the tax of ten per 
centum of the value thereof, as provided in section three of 
this act, the county commissioners shall, on notice from the 
commission, ascertain the amount of the taxes which would 
have been paid by the said owner on the original assessment, 
before the reduction provided for in section two of this act, 
adding legal Interest from the date when each tax payment 
would have become delinquent. The said commissioners shall 
likewise ascertain the amount of taxes which have actually 
been paid upon the land in question, adding legal interest 
upon all such payments from the date when paid, and certify 
the result thereof to the county treasurer, who shall then 
proceed, in the manner provided for the collection of county 
taxes under general laws, to recover from such owner the 
difference between the two amounts, with costs. Such differ- 
ence, so ascertained to be due as tax as aforesaid, shall be 
and remain a lien upon the land of such owner until pay- 
ment shall have been made. 

If such land shall be so removed from said class after the 
due cutting of a matured crop and the payment of tax 
thereon, the owner shall. In that case, not be liable for such 
past assessment ; hut the land shall thereafter be liable to 
assessment and tax as all other land not classed as auxiliary 
forest reserves. [L. 1913, act 269, sec. 5=5 Pur. Dig., p. 
6256, sec. 174.] 

No. 64. This act shall take effect only beginning with as- 
sessments made for the purpose of levying taxes for the fiscal 
year one thousand nine hundred and fourteen. [L. 1913. 
act 269, sec. 6=5 Pur. Dig., p. 6256, sec. 175.] 

No. 65. Whereas, By existing law the State forest re- 
serves are subject to an annual charge of two cents per acre 
for the benefit of schools, and two cents per acre for the 
benefit of roads, In the respective districts in which said re- 
serves are located ; and 



Whereas, It would be a hardship to withhold from school 
and road districts the taxes which would otherwise be col- 
lected from land classified as auxiliary forest reserves ; there- 
fore, — 

Be It enacted, &c.. That all lands which shall hereafter be 
classified as auxiliary forest reserves shall be subject to an 
annual charge of two cents per acre for the benefit of the 
schools, and two cents per acre for the benefit of the roads, in 
the respective districts in which said reserves are located. 
Said charge is hereby made payable by the State. [L. 1913, 
act 270, preamble and sec. 1=5 Pur. Dig., p. 6256, sec. 176.] 
See also Nos. 26; 27; il; iij ISS; isn. 

No. 66. The State Forestry Reservation Commission shall 
certify to the respective school districts and road districts, 
throughout the Commonwealth, in which auxiliary forest re- 
serves are located, the number of acres thus set apart and 
classified in each district, and the charge against the same ; 
and shall, furthermore, certify to the State Treasurer the 
number of acres as aforesaid, and the charge against the 
same. In favor of the respective school and road districts. 
The State Treasurer shall, upon the approval of the proper 
warrants of the commission, pay to the several school dis- 
tricts and road districts the amount due the same from the 
Commonwealth, as derived under this act. [L. 1913, act 270, 
sec. 2=5 Pur. Dig., p. 6256, see. 177.] See also Nos. 3fi; 27; 
il; i2; 1S6; m. 

No. 6T. Be it enacted, &c.. That in order to encourage 
the growing of such trees, now existing or hereafter pro- 
duced, as will at the proper age be suitable for merchantable 
forest products, whether such be of natural reproduction or 
from seed sown, or trees planted out, or all combined, all sur- 
face land which may be set apart according to the provisions 
of this act, and exclusively used for growing such trees, is 
hereby constituted a separate and distinct class of land, to 
be known as auxiliary forest reserves. [L. 1913, act 284, 
sec. 1=5 Pur. Dig., p. 6259, see. 159.] 

No. 68. When any owner of surface land desires to have 
such land placed in the class established by section one of 
this act, such owner shall notify the State Forestry Reserva- 
tion Commission of his desire in manner and form to be pre- 
scribed by said commission. Said notice shall contain a de- 
scription of the land, its location, boundary, area, and char- 
acter, and shall state as far as practicable the species, char- 
acter, and condition of the trees growing thereon, and whether 
they are of natural reproduction or are from seed sown for 
the purpose, or have been set out on said land, or all com- 
bined, and such other information as the commission may 
require. If, upon receipt and consideration of this notice, 
the commission shall, in its discretion, deem the conditions 
such as to warrant action on its part to determine whether 
such land should rlKhtfuUy be placed in the class established 
by section one of this act, it shall cause the same to he 
examined by some person learned in the practice and princi- 
ples of forestry, and a report made thereon, and if, upon re- 
ceipt and consideration of such report, it decides that such 
land should be placed in the class established by section one 
of this act, it shall so declare and certify to the commission- 
ers of the county in which said land is located. [L. 1913, 
act 284, sec. 2=5 Pur. Dig., p. 6254, sec. 160.] 

No. e». Upon receipt by the county commissioners of such 
certificate of the commission it shall be their duty at once to 
place said surface land in the class established by section 
one of this act, and keep the same therein until the trees 
growing thereon shall, in the judgment of the commission, 
become sufficiently large and suitable for merchantable forest 
products, or the land be devoted to other purposes : Pro- 
vided, however. That the certificate of the commission shall 
not become operative to place said surface land In the 



STATE FORESTRY LAWS PENNSYLVANIA. 



31 



class established by section one of this act until the 
owner of said surface land has agreed, In writing, with 
the commission, to care for the trees growing tlieroon, accord- 
ing to the instructions and directions of the commission, up 
to such time as such trees become suitable for merchantable 
forest products ; and if any such owner at any time fails to 
care for the trees growing on said land as agreed with the 
commission, and due proof thereof is made, the commission 
may remove said surface land from the class established by 
section one of this act. In case of such removal, either 
through failure of the owner to care for the trees or on his 
expressed desire for removal before the trees shall have been 
cut at maturity and tax paid thereon, the county commis- 
sioners shall, on notice from the commission, proceed to re- 
cover from said owner, for the use of the county and town- 
ship, by an appropriate action at law if necessary, the differ- 
ence in the amount of tax which would have been paid by 
the said owner at the rates established for the years for 
which recovery Is sought and the rate provided for auxiliary 
forest reserves, with costs of suit, to be recoverable from the 
time when such land was placed In the class of auxiliary 
forest reserves. And the commission shall remove said sur- 
face land from the class established by section one of this 
act at any time that the then owner shall, in writing, notify 
the commission that he desires such removal. The commis- 
sion may, in its discretion, at the time said surface land 
is placed in the class established by section one of this act, 
require the owner to tile with the commission his or its 
bond, of such Isind and amount as the commission shall deem 
reasonable and sufficient to secure the obligations of such 
owner under this act. [L.. 1913, act 284, sec. 3=5 Pur. Dig., 
p. 6254, sees. 161 ; 162.] 

No. 70. Whenever trees growing on said surface land have 
become suitable for merchantable forest product.s, the com- 
mission shall, at the request of the owner or on its own mo- 
tion, make an examination of said land, and designate for 
the owner the kind and number of trees most suitable to be 
cut. If, in the judgment of the commission, there be any, 
and the cutting and removal of said trees so designated shall 
be in accordance with the Instructions of the commission. 
[L. 1913, act 284, sec. 4=5 Pur. Dig., p. 6255, sec. 163.] 

No. 71. If the owner of said surface land faithfully car- 
ries out the Instructions of the commission with regard to 
the removal and marketing of such mature or other trees, as 
may be designated in the instructions of the said commis- 
sion, and shall immediately replant other trees of valuable 
species, or so protect the young growth that the said land 
may Immediately become covered with young forest growth, 
and does so with the approval of the commission, then such 
surface land shall remain in the said class, established by 
section one of this act ; otherwise, the commission shall 
notify the county commissioners that the said land Is not 
being maintained in accordance with the written agreement 
of the owner and the instructions of the commission. In 
which event the county commissioners shall immediately re- 
move said land from the class established hy section one of 
this act. All expenses attendant upon the examination of 
the said surface land by the commission shall be paid for out 
of the moneys appropriated for the maintenance of the De- 
partment of Forestry, in like manner as other expenses for 
maintenance of said department are now paid. [L 1913. act 
284, sec. 5=5 Pur. Dig., p. 6255, sec. 164.] 

No. 72. The owner of the said auxiliary forest reserves 
shall, at all times, have the right to remove therefrom trees, 
or portions of trees, which may be killed by fire, thrown or 
broken by the wind, or injured by other natural causes ; and 
shall, under the direction of the commission, be privileged to 
make necessary thinnings or removal of undesirable species 
of trees. In order to improve the condition of the remaining 



trees ; and, under the same direction, may be privileged to 
remove therefrom such timber, from time to time, as may be 
necessary and essential for use upon the neighboring cleared 
lands of the said owner, for general farm purposes. [L. 
1913, act 284, see. 6=5 Pur. Dig., p. 6255, sec. 165.] 

No. 73. Any tract of land while remaining in the class of 
auxiliary forest reserves as above provided, may, neverthe- 
less, be sold or incumbered by or through the owner thereof, 
but no sale or incumbrance, whether voluntary by the owner 
or involuntary under any statutory or Judicial proceeding 
whatsoever, whether of any State or of the United States, 
shall effect a discharge of any obligation imposed under this 
act, and said land shall be removed from said class only in 
accordance with the provisions hereof. [L. 1913, act 284 
sec. 7=5 Pur. Dig., p. 6255, sec. 166.] ' ' ' 

Nos. 74; 75. 

Note.— The text of Nos. 74 and 75 has been deleted 
"r ''%^''9''tn^^^{}^^ •■.'■P^^L'i' tl"^ «« contained therein 

No. 7fi. Be it enacted, &c.. That when county commission- 
ers shall have received from the county treasurer a convey- 
ance of lands which shall have been advertised and sold for 
unpaid taxes, in accordance with the several acts of Assembly 
relating to the sale and conveyance of lands for taxes, the 
said commissioners are hereby directed, after the period of 
redemption of said lands shall have expired, to offer said 
lands to the Department of Forestry, for acceptance or rejec- 
tion by said department, for forestry purposes, when required 
so to do by the Department of Forestry. The county com- 
mhssloners, in making such offer, shall describe the land by 
giving the name of its former owner, its location, warrantee 
name or number, and its adjoiners. They shall state the 
number of acres and perches in each tract so offered, and 
the amount of taxes, interest, and costs due thereon, which 
shall have been levicii and become a Hen and accrued to the 
time of making the offer. Every such offer shall be accom- 
panied by a draft of the land, when required by the depart- 
ment, to be prepared by the county surveyor. The cost of 
the preparation of such draft shall be paid by the county 
commissioners, and in no case shall exceed the ordinary and 
usual amount paid for the making of similar drafts in the 
course of county business. The cost of the draft may be 
added by the commissioners to the amount of costs accrued 
against the land which they shall offer the Department of 
Forestry. Where adjoining tracts are so offered, they shall 
be included within one draft, and the cost of the draft shall 
be ratably apportioned among the several tracts in accordance 
with the area thereof. [L. 1915, act 08, sec. 1=5 Pur. Dig., 
p. 5803, Sees. 39 ; 40.] 

No. 77. That upon receiving any such offer from the 
county commissioners, which offer shall be made upon blank 
forms to be prepared by the Department of Forestry and sup- 
plied to the commissioners, the department shall make an 
examination and valuation of the land so offered, to determine 
whether it is suitalile for forestry purposes. If found not 
suitable for forestry purposes, the department shall so notify 
the commissioners. If found to be suitable for that purpose, 
it shall likewise notify the commissioners of Its suitability, 
make a conditional acceptance, and proceed to examine the 
title. If such examination shall disclose that the title Is 
marketable, and of such character as can be safely accepted, 
the department shall prepare a deed to be executed by the 
commissioners, conveying such land to the Commonwealth of 
Pennsylvania. The consideration shall Include all taxes 
levied, interest, and costs due to date of conveyance ; but 
shall, in no case, exceed the limit of purchase price now or 
hereafter fixed by law for the purchase of land by the Depart- 



32 



STATE FOEESTRY LAWS — PENNSYLVANIA. 



ment of Forestry for forestry purposes. [L. 1915, act 68, 
sec. 2=5 Pur. Dig., p. 5803, sec. 41.] 

No. 78. That if the title examination shall disclose in- 
cumbrances upon the land, or other objections, which, in 
the judgment of the Department of Forestry, will render 
the title unmarketable or undesirable for the State to own, 
the county commissioners shall then proceed to remove 
such ob.icctions to title, and cure such defects, so far as it 
may be possible to do so, or may be required by the prac- 
tice of the Department of Forestry, in the purchase of lands. 
The purchase of said land shall not be further proceeded 
with until the title shall be rendered acceptable to the 
Department of Forestry. In case the county Commis- 
sioners neglect or refuse to remove objections to title when 
required by the Department, the Department may, after a 
reasonable time, not exceeding six months, notify the com- 
missioners that it refuses to consider the further purchase 
of the land so offered. The time for removal of objections 
may be extended by the department for cause shown. [L. 
1915, act 68, sec. 3=5 Pur. Dig., p. 5803, sec. 42.] 

No. 79. Be it enacted, &c., That the Department of For- 
estry is hereby authorized to grow young forest-trees, and 
to distribute them to tho.se desiring to plant them, in such 
quantity and under such regulations as may be prescribed 
by the department, when the available stock in the forest 
nurseries shall be in excess of that required by the depart- 
ment for forest planting. No charge shall be made for 
the trees so distributed, but the cost of boxing and ship- 
ping shall be paid by the applicant. The applicant must 
enter into an agreement with the department to plant the 
young trees under such conditions or regulations as may 
be made by the department, and to protect and care for 
them when planted. The department may render such as- 
sistance and instruction in the planting of the trees as It 
may deem necessary to secure their proper planting. [L. 
1915, act 76, sec. 1=5 Pur. Dig., p. 6243, sec. 78.] 

No. SO. That all such young forest-trees, which shall be 
distributed as aforesaid, shall not be subject to sale in the 
hands of the applicant, but shall be properly planted, in 
accordance with the agreement entered into with the de- 
partment. [L. 1915, act 76, sec. 2=5 Pur. Dig., p. 6243, 
sec. 79.] 

No. 81. That all acts and parts of acts inconsistent with 
or supplied by this act are repealed. [L. 191.'5, act 76, sec. 
3=5 Pur. Dig., p. 6243, sec. 80.] 

No. 82. Be It enacted, &c., That from and after the ap- 
proval of this act. it shall be the duty of each forester and 
forest ranger in this Commonwealth to enforce all the laws 
relating to forestry, fish, and game ; it shall be the duty of 
every game-protector, deputy game-protector, or special 
deputy game-protector, commissioned in this Common- 
wealth, to enforce all the laws relating to fish, game, and 
forestry : it shall be the duty of every fish-warden or 
deputy fish-warden, commissioned in this Commonwealth. 
to enforce all the laws relating to game, fish, and forestry, 
under the direction of that department or commission into 
whose special care the interests of these several subjects 
have been entrusted, namely : All prosecutions for violation 
of laws relating to forestry shall be brought under the direc- 
tion of the Department of Forestry ; all prosecutions for 
violation of the fish laws shall be brought under the direc- 
tion of the Department of Fisheries ; and all prosecutions 
for violations of the game laws shall be brought under the 
direction of the Board of Game Commissioners ; and, to that 
end, the powers of all the officers aforesaid are hereby ex- 
tended in such a way as to give them full authority to carry 
out the purposes of this act. It shall be the further duty 



of every such forester, forest ranger, game-protector, deputy 
game-protector, special deputy gamo-protector, fish-warden, 
and deputy fish-warden, whenever such oflicial may have 
knowledge of the violation of any of the aforesaid laws, 
forthwith to make a full and complete report thereof to that 
department under which such oflicial may be commissioned ; 
which department, in case said law relates to a subject whose 
special care is entrusted to another department, shall at once 
forward such report to the appropriate department charged 
with the enforcement of said law. 

Every person connected with either the Department of 
Forestry, or with the Department of Fisheries, or with the 
Game Commission, and under pay of the Commonwealth, 
who shall refuse or neglect to safeguard, in a reasonable way, 
the interests of the Commonwealth relating to either for- 
estry, or fish, or game and wild birds, as provided for and 
intended by this act, or who, without prejudice to the work 
of that department to which he may specially belong, shall 
refuse or neglect to investigate to a reasonable conclusion 
any violation of the laws of this Commonwealth relating to 
either of the other departments named in this act that may 
be reported to him, or who may refuse or neglect to make the 
reports required by this act, shall be guilty of a misde- 
meanor, and for the first offense shall be liable to penalty 
of twent.v-five dollars, or in lieu thereof to an imprisonment 
of one day for each dollar of penalty imposed, and for the 
second offense to double the penalty imposed for the first 
offense, and for the third offense shall be discharged from 
the service of the State ; and it shall be the duty of the 
heads of the several departments mentioned in this act to 
notify the various employes of the State Government that 
may be under their control, and that are under the pay of 
the State, of the requirements of this act. [L. 1915, act 77, 
sec. 1=5 Pur. Dig., p. 6257, see. 180 ; as am. by L. 1917, act 
172, sec. 1.] See also No. 22. 

No. 83. All acts or parts of acts inconsistent with this 
act, in so far as they relate to the various subjects and con- 
ditions considered by this act, and specifically changed by its 
provisions, are hereby repealed. [L. 1915, act 77, sec. 2=5 
Pur. Dig., p. 6257, sec. 181.] 

No. 8.3 (a). Boroughs may acquire by purchase, gift or 
lease, and hold tracts of land covered with forest or tree 
growth or suitable for the growth of trees and administer the 
same, under the direction of the Commissioner of Forestry, 
in accordance with the practices and principles of scientific 
forestry, for the benefit of the borough. Such tracts may be 
of any size suitable for the purpose, and may be located 
within or without the borough limits. [L. 1915, act 192, ch. 
IX, art. Ill, sec. 1=5 Pur. Dig., p. 5435, sec. 660.] See also 
Nos. SS-S7. 

No. 83 (b). Before the passage of any ordinance for the 
acquisition of land to be used as municipal forests, the 
liurgess shall submit to the Commissioner of Forestry, and 
secure his approval of, the area and location of such land. 
[L. 1915, act 192, ch. IX, art. Ill, sec. 2=5 Pur. Dig., p. 
5435, sec. 661.] See also Nos. S2-S7. 

No. 83 (c). Whenever the council of any borough deems 
it expedient to acquire any lands for the purposes of munici- 
pal forests, it shall so declare in an ordinance, wherein shall 
be set forth all facts and conditions relating to the proposed 
action ; which proposed ordinance shall be advertised once a 
week for three weeks prior to its passage. [L. 1915, act 192, 
ch. IX, art. Ill, sec. 3=5 Pur. Dig., p. 5436, sec. 663.] See 
also Nos. 32-sy. 

No. S3 (d). .411 money necessary for the purchase of such 
tracts shall be appropriated in the same manner as appropri- 
ations for borough purposes, and such funds may be provided 



STATE FORESTRY I,AVVS PENNSYLVAXIA. 



33 



from the current revonuo. or by the proceeds of a sale of 
bonds in accordance with existing law. [L. 1915, act. 102, ch. 
IX, art. in, sec. 4=5 Pur. Dig., p. 5436, sec. 003. 1 .<<•(■ also 
Kos. sisy. 

No. S3 (e). t'pon the acquisition of any municipal forests 
or lands suitable for such, the council shall notify the Com- 
missioner of Forestry, who shall make such rules for the 
governmi-nt and proper administration of the same as may 
be necessary, and the council shall publish such rules, de- 
clare the u.ses of the forest in accordance with the intent of 
this article, and make such provi.sion for its administration, 
maintenance, protection and development as shall be neces- 
sary or expedient. The rules governing the administration 
of such forests shall have tor their main purpose the pro- 
ducing of a continuing borough revenue by the sale of forest 
products. [L. 1915, act 192, ch. IX, art. Ill, sec. 5=5 Pur. 
Dig., p. 5436, sec. 664.] See also ^'os. S2-S7. 

No. s:5 (f). All moneys necessary to be expended for the 
administration, maintenance, protection and development of 
such forests shall be appropriated and applied as is now 
done for borough purposes ; all revenue and emoluments aris- 
ing from such forests shall be paid into the borough treasury 
to be used for general borough purposes. [L. 1915, act 192, 
ch. IX, art. Ill, sec. 0=5 Pur. Dig., p. 54.'?6, sec. 665.] 
See also Nos. S2-37. 

No. 83 (K). Municipal forests may be used by the public 
as general outing or recreation grounds subject to the rules 
governing their administration as municipal forests. [L. 
1915, .let 192, ch. IX, art. III. sec. 7=5 Pur. Dig., p. 5436, 
sec. 666.] See also Nos. S2-37. 

No. S3 (U). Whenever the council of any borough deems 
it expedient to alienate any municipal forest or part thereof, 
it shall so declare in an ordinance wherein shall be set forth 
all the facts and conditions rehiling to the proposed action; 
which proposed ordinance shall be advertised once a week 
for three weeks prior to its passage. No ordinance shall be 
effective in legalizing such aliennUon until it has been ap- 
proved by a majority vote of thi; pi.-ople at the next ensuing 
election. [L. 1915, act 192, ch. IX. art III, sec. .S=5 Pur. 
Dig., p. 5436, sec. 667.] See also Nos. SBSy. 

No. 84. Be it enacted, &c.. That the limit of purchase 
price to be paid by the Department of Forestry for land 
hereafter to be purchased by it, and used for State forest 
purposes, shall not exceed the sum of ten dollars per acre. 
[L. 1915, act ins, sec. 1=5 Pur. Dig., p. 6240, sec. ry.i.] 
See also Xo. 11 (6). 

No. .S5. Ke it enacted, &c.. That a Bureau of Forest Pro- 
tection Is hereby established within the Department of For- 
estry. The persons appointed thereto or assigned to duty 
therein shall be subject to the authority and under the con- 
trol of the Commissioner of Forestry. [L. 1915, act 353, sec. 
1=5 Pur. Dig., p. 6235, sec. 4.] See also Nos. 11 (ci ,• S6. 

No. 8«. Immediately after this act becomes effective and 
tliereafter whenever a vacancy occurs, the Commissioner of 
Forestry shall appoint a forester in the employ of the dc 
partment to be Chief of the Bureau of Forest Protection, 
who by virtue of his appointment shall immediately become 
and be Chief Forest Fire Warden. [L. 1915, act 353, art. 1. 
sec. 101=5 I'ur. Dig., p. 6235, sec. 5; as amended by I. 
1021,''' act 299, sec. 1.] 

No. 87. (a) It shall be the duty of the chief forest fln - 
(varden to take such measures for the prevention, control, 
and extinction of forest fires as will assure a reasonable pro- 
tection from fire to woodlots, forests, and wild lands within 
the State. 



(b) The chief forest fire-warden shall institute the sys- 
tem of forest lire-wardens, as hereby created, and shall have 
authority to supervise and manage the same. 

(c) lie shall reorganize the former system of fire- 
wardens, and as rapidly as possible make it conform to the 
provisions of this act. 

(d) Note. — The text of this subdivision (d), which re- 
iiuired the Chief Forest Firewarden to divide the State into 
forest fire districts, has been deleted in consequence of its 
having been supplied by Nos. 11 (d) ; 90. 

(e) At the end of each calendar year he shall render to 
the Commissioner of Forestry a report for the year, cover- 
ing all phases of the work under his direction, which re- 
port, together with a list of the fire-wardens, shall he pub- 
lished annually as a bulletin of the Department of For- 
estry. 

(f) lie shall collect, with the assistance of the force aud 
means at his command, data relaftng to location, area, and 
fire hazard of woodlots. forests, and wild lands within the 
State : data relating to forest fires, and losses resulting 
therefrom ; and such other data as he may deem to come 
within the purview of his duties, and as he may desire to 
present to the commissioner or to the public. 

(g) He shall tabulate and draft data in such manner 
that the information may be easily and readily appreciated. 
Maps, drafts, and tables shall be published, in the discretion 
and under the direction of the Commissioner of Forestry, 
as a part of the annual report of the chief forest fire- 
warden or as separate bulletins of the department. 

(h) He shall plan and put into elTeet as rapidly as con- 
venient a system of , ire-towers and observation stations, 
which shall cover the regions subject to forest fires, pur- 
chase tile necessary material and equipment, and hire the 
necessary labor for the installation of the system. 

(i) When, in his discretion, the purposes of this act may 
be accomplished better by the appointment of certain forest 
fire-wardens as watchmen or patrolmen during dry seasons, 
and within regions subject to great fire risk, he shall make 
such appointments ; provided that no person shall be ap 
pointed watchman or patrolman without first having been 
appointed a forest fire-warden, and that wardens who have 
proved to be efficient shall be given preference. 

(j) He may enter into agreements, with the consent of 
the Commissioner of Forestry, with persons, firms, corpora- 
tions, or associations, upon satisfactory terms, for the suc- 
cessful accomplishment of forest fire prevention or control. 

(k) He shall conduct such educational work in relation 
to forest fires as may be approved by the Commissioner of 
Forestry. 

(1) He shall audit all bills incurred under this act. He 
shall approve those which are correct and should he paid 
and present them to the Commissioner of Forestry, who 
shall transmit them to the Auditor General. 

(no Upon receipt of checks from the State Treasurer, he 
shall send them to the per.sons entitled thereto. 

(n) He .shiill have authority to declare a public nuisance 
any property which, by reason of Its condition or opera- 
tion, is a special forest fire hazard, and, as such, endangers 
other property or human life. 

(o) He shall notify the owner of the property, or the 
person ri sponsible for tlie condition declared a public 
nuisance, and advise him as to the abatement or removal 
of such nul.sance. In the case of a railroad, such notice 
shall be .served upon the superintendent ot the division upon 
which the nuisance exists. 

(p) He shall collect and arrange information obtained 
concerning violation of laws relating to the protection of 
forests from fire, and present the same to the Commis- 
sioner of Forestry, who shall file it with the Attorney Gen- 
eral for legal action. [L. 1915, act 353, art. I, sec. 102^5 
Pur. Dig., pp. 6235, 6236, sec. 6.] 



34 



STATE FORESTRY LAWS PENNSYLVANIA. 



No. 88. The compensation of the Chief Forest Fire Warden 
shall be his salary as Chief of the Bureau of Forest Protec- 
tion, and his salary and all necessary expenses incurred in 
the performance of his duties, and all salaries and wages of 
the Bureau of Forest Protection shall be paid from the ap- 
propriation for forest protection. [L. 1915, act 353, art. I, 
sec. 103=5 Pur. Dig., p. 6236, sec. 7 ; as amended by L. 
1921," act 299, sec. 2.] 

No. 89. As soon as convenient after this act becomes effec- 
tive, the Commissioner of Forestry shall assign to the Bureau 
of Forest Protection a forester in the employ of the depart- 
ment, to act as a clerk to the chief forest fire-warden ; and, 
from time to time, may assign such other clerical assistants 
to the bureau as may be necessary. [L. 1915, act 353, art. 
II, see. 201=5 Pur. Dig., p. 6236, sec. 8.] 

No. 90. As rapidly as' Forest Districts are created they 
shall become also Forest Fire Districts and the District For- 
esters appointed to false charge of them shall become by vir- 
tue of their appointment and be District Fire Wardens. [L. 
1915, act 353, art. Ill, sec. 301=5 Pur. Dig., p. 6236, sec. 9 ; 
as amended by L. 1921," act 299, sec. 3.] 

No. 91. (a) The district fire-warden shall establish head- 
quarters at some advantageous place within his district ; shall 
act as the field representative of the chief forest fire-warden, 
and be under his direction. 

(b) He shall be responsible for the collection of data, 
within his district, necessary for accomplishing properly the 
purposes of this act. 

(c) He shall make recommendations to the Chief forest 
fire-warden for the appointment of local fire-wardens, the 
location of fire-towers, the employment of patrolmen, and 
the region to be patrolled, and regarding such other matters 
as may come to his attention which would tend to improve 
the protective system. 

(d) He shall arrange for annual meetings of fire-wardens 
within his district, tor instruction in forest fire matters. 

(e) He shall report to the chief forest fire-warden situa- 
tions and conditions existing within his district which are 
or may become forest fire hazards. He shall serve notices 
for the correction or removal of such conditions, when Issued 
by the chief forest fire-warden. 

(f) He shall receive, audit, and approve the reports and 
accounts of the local fire-wardens before submitting them to 
the chief forest fire-warden. 

(g) He shall act as an inspector of the work of local fire- 
wardens, and render assistance to them. 

(h) He shall conduct educational work, and develop co- 
operation between local agencies and the Department of 
Forestry for the prevention and suppression of forest fires. 

(i) He shall perform such other duties as may be assigned 
to him by the Commissioner of Forestry or the chief forest 
fire-warden. [L. 1915, act 353, art. Ill, sec. 302=5 Pur. 
Dig., p. 6236, sec. 10.] 

No. 92. The compensation of each District Fire Warden 
shall be his salary as District Forester, and such salary and 
all necessary expenses incurred in the performance of his 
duties ; also the salaries, wages, and necessary expenses in- 
curred in the performance of the duties of the Forest Officers 
assistants and labor employed in or assigned to his Forest 
District, as well as the other necessary expenses in the way 
of rent, material, equipment, et cetera of his said District, 
may all be paid from the appropriations for forest protec- 
tion, and from other items of appropriation for the Depart- 
ment of Forestry respectively in proportion as such salaries, 
wages, and necessary expenses are incurred for forest pro- 
tection or for the other administrative work of the Depart- 
ment of Forestry, the proportion to be paid from the appro- 
priation for forest protection under the above rule to be 



determined from time to time by the State Forest Commis- 
sion. [L. 1915, act 353, art. Ill, see. 303=5 Pur. Dig., p. 
0236, sec. 11 ; as amended by L. 1921 ", act 299, sec. 4.] 

No. 93. A person appointed a local fire-warden shall be 
chosen expressly by reason of his physical fitness, sobriety, 
honesty, and ability to perform the duties herein required, 
and must have the recommendation of the district fire-warden 
for the forest fire district in which he is located. Where no 
district fire-warden has been appointed, the chief forest fire- 
warden shall first satisfy himself as to the above qualifica- 
tions before making an appointment. [L. 1915, act 353, art. 
IV, sec. 401=5 Pur. Dig., p. 6236, sec. 12.] 

No. 94. Local fire-wardens shall be appointed by the chief 
forest fire-warden in such localities as he may deem neces- 
sary. [L. 1915, act 353, art. IV, sec. 402=5 Pur. Dig., p. 
6237, sec. 13.] 

No. 95. Every person appointed a forest fire-warden under 
this act shall be given a certificate of appointment, issued 
by the chief forest fire-warden, and may be furnished with 
an appropriate badge, in the discretion of the chief forest 
fire warden. [L. 1915, act 353, art. IV, sec. 403=5 Fur. 
Dig., p. 6237, sec. 14.] 

No. 96. (a) Whenever fire is discovered in or approach- 
ing woodlots, forests, or wild lands, whether the same be 
owned by individuals, corporations, or by the Common- 
wealth, it shall be the duty of a forest fire-warden imme- 
diately to take such measures as are necessary to extinguish 
the fire. 

(b) Whenever fires have been combated or extinguished 
as provided for in this act, the forest fire-warden shall pre- 
pare a correct statement of expenses, upon forms to be fur- 
nished by the department ; which statement must be verified 
by oath or affirmation, and must be filed with the district 
warden, and by' him forwarded to the chief forest fire- 
warden within sixty days of the date of fire. 

(c) He shall promptly investigate the cause of each fire 
which comes to his knowledge, collect such evidence as may 
be discovered relating thereto, and such other facts as he 
may be directed, and report the same to the chief forest 
fire-warden. 

(d) Upon receipt of a check from the State Treasurer, 
he shall at once pay by check the amounts due to such per- 
sons as are entitled to receive pay from him. 

(e) He shall attend an annual meeting of fire-wardens in 
his district when notified, or present a reasonable excuse. 

(f) When designated as a patrolman or watchman, he 
shall perform such duties as may be assigned him by the 
chief forest fire-warden or by the district fire-warden, [h. 
1915, act 353, art. IV, sec. 404=5 Pur. Dig., p. 6237, 
sec. 15.] 

No. 97. Each Local Forest Fire Warden shall be paid at 
the rate per hour to be fixed from time to time by the State 
Forest Commission not exceeding a maximum of 50 cents per 
hour for the time actually employed in the performance of 
bis duties. He shall also be paid for the necessary expenses 
incurred in the performance of his duties. A Local Forest 
Fire Warden shall not be paid from the forest protection ap- 
propriation in any one month an amount in excess of $75.00 
unless he shall have been regularly employed as a patrolman 
or otherwise. [L. 1915, act 353, art. IV, sec. 405=5 Pur. 
Dig., p. 6237, sees. 16, 17 ; as amended by L. 1921 '», act 299, 
see. 5.] 

No. 98. The chief forest fire-warden may appoint persons 
who will serve without compensation as special or as ex- 
offlcio forest fire-wardens. They shall have the same power 
and authority as local forest fire-wardens, but their duties 



STATE FORESTRY LAWS PENNSYLVANIA. 



35 



may be changed or extended by the chief forest fire-warden. 
[L. 1915, act 353, art. V, sec. 501=5 Pur. Dig., p. 6237, 
sec. 18.] 

No. 99. Foresters and rangers in the employ of the De- 
partment of Forestry shall be forest fire-wardens cx-oCBclo. 
[L. 1915, act H-'iS, art. V, sec. 502=5 Pur. Dig., p. 6237, 
sec. 19] 

No. 100. Special and exofEcio forest fire-wardens shall re- 
ceive no compensation under this act, other than the necessary 
expenses incurred by them in the performance of their duties 
US fire-wardens. (L. 1915, act 353, art. V, sec. 503=5 Pur. 
Dig., p. 6237, sec. 20.] 

No. 101. A flre-warden shall have authority to employ 
such other persons as, in his judgment, may be necessary to 
render assistance in extinguishing fire ; and, whenever it shall 
not otherwise be possible for him to secure a sufficient num- 
ber of persons to assist in extinguishing fire, he is hereby 
authorized to compel the attendance of persons and to require 
them to render assistance in the extinguishing of fire, under 
penalties prescribed in this act. [L. 1915, act 353, art. VI, 
sec. 601=5 Pur. Dig., p. 6237, sec. 21.] 

No. 102. A flre-warden shall have authority to administer 
an oath or affirmation, in order to examine any person who 
he believes knows facts relating to any fire, or who claims 
compensation for services rendered. [L. 1915. act 353, art. 
VI, sec. 002=5 Pur. Dig., p. 6237, sec. 22.] 

No. 103. Every official provided for by this act shall have 
authority to enter upon any land at any time for the pur- 
pose of performing duties in accordance herewith. [L. 1915, 
act 353, art. VI, sec. 603=5 Pur. Dig., p. 6237, sec. 23.] 

No. 104. A fire-warden shall have power to arrest on 
view, without first procuring a warrant, any person detected 
by him in the act of committing an offense against any of 
the laws now enacted or hereafter to be enacted for the iiro- 
tection of forests, woodlots. timber, or wild lands, or when 
he shall have a reasonable suspicion that any person is com- 
mitting or is about to commit some such offense. The war- 
den shall have further power to take the offender before a 
justice of the peace, or other magistrate having jurisdiction, 
for hearing, trial, or other due process of law. The further 
conduct of any such case shall be entrusted tn, and be under- 
taken by, the Attorney General. [L. 1915, act 353, art. VI, 
sec. 604=5 Pur. Dig., p. 6237, sec. 24.] See also Nos. 9; 2S. 

No. 105. A flre-warden shall not be personally liable for 
any act required or permitted to be done under the provisions 
of this law, while acting within the scope of his duties as a 
flre-warden. [L. 1915, act 353, art. VI, sec. 605=5 Pur. 
Dig., sec. 25.] 

No. loe. Persons who extinguish or help to extingulsli 
forest fires except as otherwise provided shall be paid at a 
rate per hour to be determined for each forest fire district by 
the chief forest fire warden with the approval of the Com- 
missioner of Forestry, and based upon the rates of wages 
received for day labor within the respective forest fire dis- 
tricts, provided the rate does not exceed forty cents per 
hour. (L. 1915, act 353, art. VII. sec. 701=5 Pur. Dig., p. 
6238, sec. 26 ; as amended by L. 1921 '^ act 299, sec. 6.] 

No. lOT. If any person shall feel aggrieved by the act of 
any fire-warden, such person may appeal to the Commissioner 
of Forestry, who will examine into the complaint. After 
hearing the parties he shall decide as to him shall seem just 
and right. [L. 1915. act 353, art. VII, sec. 702=5 Pur. 
Dig., p. 6238, sec. 27.] 



No. 108. Nothing in this act shall be so construed as to 
relieve the owner or lessee of lands, upon which fires may 
burn or be started, from the duty of extinguishing such flre 
so far as may lie within his power. 

No owner or lessee of land upon which fire may burn or 
he started, nor any person during employment with such 
owner or lessee, nor any other person with a present vested 
interest in such land, shall receive compen.sation under this 
act for extinguishing fire upon his land or the land to which 
his interest is attached. 

No person who is responsible for the spreading of a flre to 
a woodlot, forest, or wild land, nor any person in bis employ, 
may receive compensation from a flre-warden for helping to 
extinguish such flre. [L. 1915, act 353, art. VII, sec. 703=5 
Pur. Dig., p. 6238, sees. 28, 29, 30.] 

No. 109. All steam and electric railroad companies own- 
ing or operating lines of railroad within the State shall put 
into effect such reasonable regulations for the prevention of 
forest flre as may be deemed neces.sary by the chief forest 
flre-warden, providing the regulations be approved by the 
Public Service Commission. (L. 1915. act 353, art. VIII, 
sec. 801=5 Pur. Dig., p. 6238, sec. 31.] 

No. 110. Expenses incurred under this act shall be paid 
from the general forest protection appropriation. [L. 1915, 
act 353, art. IX, sec. 901=5 Pur. Dig., p. 6238, sec. 32.] 

No. 111. No bills of expenses relating to the protection 
of forests from fire incurred under this act, shall be honored 
by the chief forest flre-warden unless presented to him 
within sixty days after the expen.se has been incurred. [L. 
1915, act 353, art. IX, sec. 902=5 Pur. Dig., p. 6238, see. 
33.] 

No. lia. The .\uditor General shall satisfy himself as to 
the correctness of all bills transmitted to him l)y the Com- 
missioner of Forestry for expense incurred under this act, 
and shall then draw his warrants against the general forest 
protection appropriation in favor of the persons and for the 
amounts shown by tlie approved bills. [Ia 1915, act 353, art. 
IX, sec. 903=5 Pur. Dig., p. 6238, sec. 34.) 

No. 113. If a flre-warden shall fail to perform his duty, 
or shall render a false or fraudulent statement of service 
alleged to have been performed, or shall fail to pay promptly 
the respective amounts due those who have rendered service, 
after said amounts have been transmitted to him, he shall 
be guilty of a misdemeanor, and upon conviction thereof 
shall lie fined a sum not exceeding one hundred dollars, or 
undergo imprisonment not exceeding three month.s, or both, 
in the discretion of the court. [L. 1915, act 353, art. X, sec. 
1001=5 Pur. Dig., p. 6238, see. 35.] See also No. 110. 

No. 114. It any fire-warden, being in need of assistance 
in the suppression ot fire, shall call upon any person to 
render assistance, and such person shall refuse without a 
Just and fair excuse he is hereby declared to be guilty of 
a misdemeanor, and upon conviction thereof shall be sen- 
tenced to pay a fine not exceeding one hundred dollars, or 
undergo imprisonment not exceeding one month, or both, 
in the discretion of the court. [L. 1915, act. 353, art. X, 
sec. 1002=5 Pur. Dig., p. 6238, sec. 36.] See aUo No. U9. 

No. 115. .i person who shall prevent or obstruct, or at- 
tempt to prevent or obstruct, a fire-warden in the perform- 
ance of a duty required by this act, or the exercise of the 
rights of entry, access, or examination by any warden or 
oflicer of this bureau, shall be guilty of a misdemeanor, and 
upon conviction thereof shall be sentenced to pay a fine not 
exceeding one hundred dollars, or undergo imprisonment not 
exceeding one month, or both, in the discretion of the court. 



36 



STATE FORESTRY LAWS PENxSYLVANIA. 



[L. 1915, act 353, art. X, si'C. 1003=5 Pur. Dig., p. 0238, 
sec. 37.) See also No. IB. 

No. 116. Every person or corporation refusing to comply 
witli an order of tlie chief forest fire-warden for tlie abatement 
of a nuisance, under this act, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be sentenced to pay a fine 
of not more than one hundred dollars, or undergo imprison- 
ment not exceeding one month, or both, in the discretion of 
the court. In construing or enforcing the provisions respect- 
ing the abatement of nuisances, under this act, the neglect 
or refusal of any officer, agent, or other person acting for 
or employed by a corporation, and h.aving within the scope 
of his employment the supervision of the property com- 
plained about, shall in every case be deemed to be the 
neglect or refusal of the corporation itself. 

Every day's continuance in the non-abatement of a 
nuisance, after an order by the chief forest f.re-wardin to 
abate the same, shall be a separate and distinct offense. 

If a preliminary injunction be granted or aJiy interlocu- 
tory order of supersedeas intervene, no penalty shall be 
incurred on account of non-abatement of such nuisance for 
the period of time such injunction or supersedeas is in 
force. [L. 1915, act 353, art. X, sec. 1004=5 Pur. Dig., p. 
6238, sees. 38, 39, 40.] See also No. 119. 

No. 117. Whenever a Are set by any person destroys prop- 
erty belonging to another, it shall be prima facie evidence 
that the loss occasioned is the result of negligence, and that 
the person responsible therefor is guilty of a misdemeanor. 
Upon conviction he shall be fined not exceeding one thousand 
dollars for each offense, or undergo imprisonment not exceed- 
ing six months, or both, in the discretion of the court. This 
section shall not apply to the .setting of a back fire in good 
faith, to extinguish a (ire then burning. [L. 1915, act 353, 
art. X, see. 1005=5 Pur. Dig., p. 6239, sec. 41.] See also 
No. 119. 

No. 118. Every steam and electric railroad company, own- 
ing or operating lines of railroad within the State, which 
shall neglect or refuse to put into effect such rea.sonahle 
regulations for the prevention of forest fire as may be 
deemed necessary by the chief forest fire-warden and ap- 
proved by the Public Service Commission, shall forfeit and 
pay to the Commonwealth of Pennsylvania, tor each neglect 
or refusal, the sum of one hundred dollars, to be recovered 
by an action of assumpsit, instituted in the name of the 
Commonwealth by the Attorney General in the court of 
common pleas of Dauphin County, which court is hereby 
clothed with exclusive Jurisdiction throughout the Common- 
wealth to hear and determine such actions. 

Every day's continuance in refusal to comply with such 
regulations, after a notice from the chief forest fire-warden 
and the lapse of a reasonable length of time for compliance 
therewith, which time shall be fixed in the notice, shall be 
a separate and distinct offense. [L. 1915, act 353, art. X, 
sec. 1006=5 Pur. Dig., p. 6239, sees. 42, 43.] See also 
No. 119. 

No. 11J>. Moneys received from the payment of fines shall 
be paid to the treasurer of the county in which suit is 
brought, for the use of the county, except as otherwise pro- 
vided in this act. [L. 1915, act 353, art. X, sec. 1007=5 
Pur. Dig., p. 6239, sec. 44.] See also Nos. 113, Hi, 115, IK, 
in, lis. 

No. 120. When, in the judgment of the Commissioner of 
Forestry, he deems it necessary for general forest protection 
that causes or agencies injurious to trees and forests, other 
than fire, be investigated, reported upon, or abated, he is 
hereby authorized to assign to the Bureau of Forest Protec- 
tion persons competent for such work. The salaries of such 
persons, so assigned, shall be fixed by the Commissioner of 



Forestry, and shall in no case exceed the ordinary and usual 
amount paid for such services. Salaries and expenses shall 
be paid out of the general forest protection appropriation. 
(L, 1915, act 353, art. XI, sec. 1101=5 Pur. Dig., p. 6239, 
sec. 45.] 

No. 121. 

NOTE. — The provisions of section 1201, which consti- 
tutes Article XII of act 353, L. 1915 are obsolete. 

No. 122. All acts or parts of acts inconsistent with or 
supplied by this act are repealed. [L. 1915, act 353, art XIII, 
sec. 1301=5 Pur. Dig., p. 6239, sec. 47.] 

No. 12."S. Be it enacted, &c.. That the Department of For- 
estry is authorized to enter into agreements for the pre- 
vention and suppression of forest fires with county, township, 
municipal, and private agencies owning or controIUng wood- 
lots, forests, or wild lands, or whose activities in whole or 
in part are directed toward the prevention and suppression 
of forest fires. The department is authorized to expend from 
its general forest fire appropriation, for such protective and 
preventive purposes as it deems effective, a sum of money 
equal in amount to the amount which shall be expended by 
such agencies in accordance with such agreements. All ex- 
penditures must first be presented to the Department of 
Forestry in monthly statements, in form and manner pre- 
scribed for the payment of any sum from the forest fire ap- 
propriation. The Commissioner of Forestry shall audit the 
same and transmit them to the Auditor General, who shall 
then draw his warrant for one-half of the amount of ex- 
penditures approved by the Commissioner of Forestry. [L. 
1915, act 361, sec. 1=5 Pur. Dig., p. 6249, sec. 125.] 

No. 124. That every county, township, municipal, or pri- 
vate agency working under agreement with the department, 
in accordance with this act, shall render to the department, 
at the end of each calendar year, a report setting forth a com- 
plete itemized statement of expenditures made with a view 
to the prevention and suppression of forest fires, and stating 
such other information as the department may request. The 
financial statement and facts relating thereto shall be ac- 
companied by an affidavit subscribed to by the person author- 
ized to make the report. [L. 1915, act 361, sec. 2=5 Pur. 
Dig., p. 6249, sec. 126.] 

No. 125. All acts and parts of acts inconsistent with or 
supplied by this act are repealed. [L. 1915, act 361, sec. 3^5 
Pur. Dig., p. 6250, sec. 127.] 

No. 120. Be it enacted, &c.. That the Department of For- 
estry Is herehy empowered to grant rights of way through 
State forests to individuals or corporations who may apply 
therefor, when it shall appear to the department that the 
grant of a right of way will not so adversely affect the land 
as to interfere with its usual and orderly administration, 
and when it shall appear th.it the interests of the Common- 
wealth or of its citizens will be promoted by such grant. 
[L. 1915, act 362, sec. 1=5 Pur. Dig., p. 6240, sec. 50.] 

No. 127. A right of way, under this act, is hereby con- 
strued to include a passage, haulage, flowage, or transmis- 
sion tor any lawful purpose. [L. 1915, act 362, sec. 2=5 
Pur. Dig., p. 6240, sec. 51.] 

No. 128. All acts or parts of acts inconsistent with or 
supplied by this act are repealed. [L. 1915, act 362, sec. 
3=5 Pur. Dig., p. 6240, sec. 52.] 

No. 129. Be it enacted, &e., That the Department of For- 
estry is hereby .authorized to purchase and receive convey- 
ance of surface rights to any lands within this Common- 



STATE FORESTRY LAWS PENNSYLVANIA. 



37 



wealth, for forestry purposps, anrt to hold such lands as 
State forests. [L. 1917, art 88, sec. 1.] 

Mo. 130. Where the title to any such land is subject to 
outstanding rights conveying waters, minerals, oil, gas, or 
other valuable deposits, or any privileges or reservations 
whatsoever, the Department of Forestry may. in its dis- 
cretion, accept convpjance of the surface rights to such 
lands, where the administration of scientific and practical 
forestry will not be interfered with or made impossible by 
such outstanding rlijhts, privileges, or reservations. IL. 
1917, act 88, sec. 2.] 

\«. 131. Be it enacted, &c.. That, whenever the Depart- 
ment of Forestry shall acquire lands for State forest pur- 
poses, included in which in the judgment of the Department 
there may be small areas better suited for ordinary agricul- 
ture than for the growing of forest trees, the Department 
may execute leases for such agricultural land to those who 
will plant it in ordinary agricultural crops and cultivate it. 
at such rate of rental as shall bo equitable, and under such 
conditions as the Dep.artnient may deem necessary and tise- 
ful, for the purpose of bringing into a .state of food-plant 
production such areas as are normally better suited for 
agriculture than for other purposes. [L. 1917, act 295, 
sec. 1.] 

No. 132. All leases for such agricultural areas shall be 
for a term not exceeding ten years, and may be terminated 
earlier by mutual asrecmcnt of the parties. At the ex- 
piration of the term, a renewal of the lease may be made 
for a like term, or a lessor period, upon the same or such 
new conditions as may bo mutually satisfactory. [L. 1917, 
act 295, sec. 2.] 

\o. 133. If more than one person shall apply for the 
same tract, the lease shall be advertised for sale in three 
local county papers, if there be so many, once a week for 
three weeks, and may then be awarded to the highest re- 
sponsible bidder, if said bid is satisfactory in amount to 
the Department of Forestry. [L. 1917, act 295, sec. 3.] 

No. 134. At the termination of any such lease the lessee 
shall have the privilege of removing from the land buildings 
and fences which may have been placed there at his own 
expense, or the same may be purchased by the lessor, as a 
part of the permanent improvement of the tract, upon such 
terms as may be Just and mutually .satisfactory to the 
parties. [L. 1917, act 295, sec. 4.] 

!Vo. 135. Where such land must necessarily be retained in 
cultivation for Department purposes, or for the use of De- 
partment employes, the Department may, in its Judgment, 
decline to receive bids and execute leases for such tracts. 
II.. 1917, act 295, sec. .5.) 

No. 136. Be it enacted, &c.. That from and after the pas- 
sage of this ad. all lands now acquired or hereafter to be 
acquired by the Commonwealth for State forests, shall be 
subject to an annual charge of one cent per acre for the 
benefit of the counties in which said State forests are 
located. [L. 1919, act Gl,. sec. 1.] 

No. 137. The Commissioner of Forestry shall certify the 
respective areas in the counties to the State Treasurer, and 
the state Treasurer shall pay the amount of the charge in 
favor of each county in the same manner as the fixed charges 
upon State forists for road and school purposes are now 
certified and paid. [L. 1919, act Gl, sec. 2.] 

No. 13S. It shall be the duty of the Department of State 
I'olice to aid in the enforcement of all laws relating to game. 



fish, forestry, and water supply. Members of the State 
Police Force are authorized and 'empowered to act as game- 
protectors and as forest-, fish-, or fire-wardens. [L. 1919, 
act 179, sec. 11,] 

No. 138 (n). The State Police, with the approval of the 
Governor, may be called upon, by any other department of 
the State Government, to enforce ail laws applicable or 
pertaining to such department or any regulation thereof. 
[L. 1919, act 179, sec. 13.] 

No. 139. Be it enacted, &c.. That whenever the State 
Forestry Reservation Commission or the Commission of 
Conservation " desires to acquire land suitable and desirable 
for forestry purposes for the use and benefit of the State as 
forestry lands, and a price for such lands cannot be agreed 
upon with the owner or owners thereof, or where such owner 
or owners cannot be found, in all such cases the Department 
of Forestry or the Department of Conservation ^ is author- 
ized to acquire the said lands by condemnation. [L. 1919, 
act 289, sec. 1.) 

No. 140. The Commissioner of Forestry or the Commis- 
sioner of Conservation,-'' on behalf of the Commonwealth, 
may enter upon any of such lands and take possession there- 
of. Thereupon the Commissioner for Forestry or the Com- 
missioner of Conservation." through the Attorney General, 
or any of the owners, if known, may apply to the court of 
common pleas of the county wherein such lands are located 
for the appointment of viewers. The court shall appoint 
three viewers, and shall appoint a time, not less than 
twenty nor more than thirty days after the presentation of 
such petition, when the viewers shall meet upon the lands 
and view the same and all improvements in connection 
therewith. [L. 1919, act 289, sec. 2.] 

No. 141. The viewers shall give at least ten days notice 
of their first meeting to the Commissioner of Forestry or the 
Commissioner of Conservation,^' and to the Attorney Gen- 
eral, and to the owners of such land, if known. If the 
owners of such lands are unknown, notice shall be given 
in at least two newspapers in such manner as the court 
may direct. The viewers, having been sworn or affirmed 
faithfully. Justly, and impartially to decide and a true re- 
port to make, concerning all matters to be submitted to 
them and in relation to which they are authorized to inquire, 
and having viewed the lands and premises, shall hear the 
parties and their witnesses, and shall estimate and deter- 
mine the value of the property so taken. Where the owner 
of such lands and premises is unknown, the viewers shall 
estimate and determine the value of the land and improve- 
ments upon the testimony of the witnesses for the Com- 
monwealth and any witnesses called by the viewers. [L. 
1919, act 289, sec. 3.] 

No. 142. The viewers shall prepare their report and shall 
give at least ten days written notice of a time and place 
where they will meet and exhibit their report and hear all 
exceptions thereto. If any owners of said lands are tin- 
known, notice shall be given in two newspapers in the same 
manner as the notice of their first meeting was given. [L. 
1919, act 289, sec. 4.] 

No. 1-13. .\fter making whatever changes are necessary, 
the viiwers shall report to court, showing the damages 
allowed, and. if necessary, shall also file a plan showing the 
property taken. In all cases where the owners are known, 
the report shall also state to whom the damages are payable. 



" The bill which proposed the creation of a Conservation 
Commission (or Department) was defeated at the 1919 
session of the legislature. 



38 



STATE FORESTRY LAWS PENNSYLVANIA. 



In cases where the owners of the property are not known, 
that fact shall be clearly stated in the report. [L. 1919, act 
289, sec. 5.] 

No. 144. When the report is filed, notice thereof shall im- 
mediately be given to the Commissioner of Forestry or the 
Commissioner of Conservation,:" the Attorney General and 
the owners of the land where known, which notice shall 
state that, unless exceptions be filed thereto within thirty 
days after the filing of the report, the same will be I'ou- 
firmed absolutely. Where any owners of such lands are 
unknown, notice shall be given in at least two newspapers in 
such manner as the court shall direct. [T.. 1919, act 289, 
sec. 6.1 

fiu. 145. Within thirty days after the tiling of any re- 
port, the Commonwealth, or the owners of such lands, may 
file exceptions to the same, and the court shall confirm, 
modify, or change such report, or refer the same back to the 
same or new viewers. [L. 1919, act 289, sec. 7.] 

No. 146. When the report is filed, the prothonotary shall 
mark it " confirmed nisi." In case no exceptions are filed 
thereto within the time herein specified, the court shall make 
a decree that the report is confirmed absolutely, which de- 
cree shall be entered by the prothonotary. [L. 1919, act 
289, sec. 8.] 

No. 147. Within thirty days after any report of viewers 
is filed under this act, the Commonwealth or the owners of 
such land may appeal to the court of common pleas and 
demand a trial by jury. Within six months after a con- 
firmation absolute on exceptions, or within six months after 
a verdict and final judgment on appeal for a jury trial, the 
Commissioner of Forestry or the Commissioner of Con- 
servation =' or the owners of such land may appeal to the 
Supreme or to the Superior court. ,ts in other cases. [L. 
1919, act 289, sec. 9.] 

No. 148. When the amount payable to the owner of such 
land has been finally determined, the same shall be paid by 
the Commissioner of Forestry or the Commissioner of Con- 
servation ^ from the appropriations that may be made for 
such purposes ; all costs in connection with any such pro- 
ceedings shall be paid by the Commonwealth. [L. 1919, 
act 289, sec. 10.] 

No. 149. When the owners of such lands are unknown, 
the Commissioner of Forestry or the Commissioner of Con- 
servation 27 may enter upon and appropriate the land for 
the use of the State as herein provided. In all cases where 
the owners of lands are unknown, and the report of viewers 
has been finally confirmed, the Commonwealth shall be liable 
for all damages awarded therein. If at any time after the 
final confirmation of the report of viewers any person ap- 
pears and proves title to said lands, such persons shall be 
entitled to, and receive from the Commonwealth, the sum 
so awarded by the viewers. Any such claimant of the land 
may petition the court of common pleas of the county 
wherein the land is located, ^ving a brief outline of the 
facts upon which the claim is based. Thereupon the court 
shall direct an issue to be framed, wherein the claimant 
shall appear as plaintiff and the Commonwealth of Penn- 
sylvania as defendant. Such issue shall be tried according 
to the rules of procedure and evidence governing trials in 
ejectment, with a right of appeal by either party to the 
proper appellate court. It the final judgment on such issue 
is in favor of the plaintiff, the sum awarded by the report as 



finally confirmed shall be paid by the Commonwealth In said 
claimant. The party to the action against whom the judg- 
ment is entered shall be liable for the costs as provided by 
law in other civil actions. [L. 1919, act 289, sec. 11.] 

No. 150. The Department of Forestry or the Department 
of Conservation =' of the Commonwealth shall have the con- 
trol and supervision of all such lands acquired under the 
provisions of this act. All income and revenue derived from 
said lands shall be expended in the same manner and for the 
same purposes as provided by law for the expenditure of the 
income from the state forests. [L. 1919, act 289, sec. 12.] 

No. 151. Be it enacted by the Senate and House of Repre- 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly met and it is hereby enacted by the authority of 
the same. That whenever the State Forest Commission shall 
determine and declare by a resolution adopted unanimously 
at a meeting when a majority of its members are present and 
voting and approved by the Governor, that it will be to the 
advantage of the State forest interests, said State Forest 
Commis.sion may by such resolution so approved authorize 
either of the following actions to be taken : 

(a) That after such public hearing as the State Forest 
Commission may prescribe, any State forest land together 
with the buildings, improvements, and appurtenances thereof 
may be exchanged for privately owned land of equal or 
greater value, and at least equally adapted to State forest 
purposes. 

(b) That after the advertisement provided for in section 
five hereof any State forest land together with the buildings, 
improvements, and appurtenances thereof declared by said 
resolution to be more valuable for other use than for State 
forest purposes and not needed for use in the administration 
and protection of the State Forests, may be sold to the party 
or parties offering the highest price therefor. ( T/. 1021 ,'' 
act 194, sec. 1.1 

No. 151 (a). Upon the adoption of any such resolution, 
the Attorney General shall prepare the necessary deed or 
deeds to consummate the exchange or sale provided for and 
authorized in section one hereof, and the Governor of the 
Commonwealth is hereby authorized to execute such deed or 
deeds for and on behalf of the Commonwealth of Pennsyl- 
vania, and aflix thereto the seal of the Commonwealth, all to 
the intent and effect that the title of the State forest land 
together with its buildings, improvements, and appurtenances 
thus exchanged or sold may be vested in the party or parties 
entitled thereto, pursuant to the resolution of the State 
Forest Commission, but in case of sale no deed shall be 
delivered until the purchase price shall have been paid in 
full. [L. 1921,'= act 194, sec. 2.] 

No. l.";! (Ii). Pefore the exchange of lands pursuanl lo 
section one hi>reof. the Attorney General shall examine and 
approve the title of the privately owned lands to be received 
in exchange and the deed or deeds from the Commonwealth of 
Pennsylvania shall be delivered only when a sufficient deed 
or deeds to the Commonwealth of Pennsylvania for the land 
to be received by the State shall have been approved by the 
.\ltorney General and delivered and immediately upon the 
execution, acknowledgment, approval, and delivery of the 
deeds to the Commonwealth of Pennsylvania, the lands thus 
granted shall become and be a part of the State forests sub- 
ject to all the laws and rules governing the State forest land. 
[L. 1921," act 194, sec. 8.] 



2' The bill which proposed the creation of a Conservation 
Commission (or Department) was defeated nt the 1919 
session of the legislature. 



" Authenticated copies of the 1921 legislation used in this 
ieartet were procured informally, from the office of the Com- 
missioner of Forestry, in advance of the official p\iblieation 
of the volume of Session Laws. 



STATE FORESTRY LAWS — PEXXSYLVAXIA. 



39 



Xo. 161 (c). All receipts from the sale of any State for- 
est land shall he deposited in the treasury and said receipts 
shall be and are hereby appropriated and made available until 
expended for use separately or in conjunction with any othor 
appropriations for the acquisition of land for State forest 
purposes. [I.. 1921,'^ act 194. sec. 4.] .See also Xos. S2a; 
526. 

><«. 151 (fi). Hefore the sale of any State forest land 
under the power granted by this act, the State Forest Com- 



mission shall advertise such proposed sale at least once each 
week for three successive weeks in at least two newspapers 
published within the State, one of which shall be published 
in the city or town nearest tlie land to be sold. [L. 1921," 
act 194, sec. 5.] 

No. 151 (e). .\ll acts or parts of acts inoonsistint with or 
supplied by this act are hereby repealed. [L. 19LM,'-'' act 194. 
sec. 6.] 



GROUP OF ACTS CONSTITUTING FIREWARDEN SYSTEM PRIOR TO 1915; 



Xo. 152. That it shall be the duty of the commissioners 
of the several counties of this Commonwealth to appoint per- 
sons, under oath, whose duty it shall be to ferret out and 
bring to punishment all persons or corporations who either 
wilfully or otherwise cause the burning of timber lands 
within the respective counties, and to take measures to have 
such fires extinguished where it can he done ; and on failure 
of the commissioners of any county, after demand made 
upon them by the Commissioner of Forestry of this Common- 
wealth, to comply with this provision, thiy shall be deemed 
guilty of a misdemeanor in office, and upon conviction thereof 
shall be fined in a sum not exceeding one hundred dollars, or 
suffer an imprisonment nut exceeding two years. <ir lioth, at 
the discretion of the court. The expenses Incurred in the 
employment of the persons contemplated by this act, on and 
after the first day of January, A. D. 1898, shall be paid, one- 
half out of the treasury of the respective county, and the 
remaining half of said expense shall be paid by the State 
Treasurer upon warrant from the Auditor General ; but no 
such warrant shall be drawn until the commissioners of the 
proper county shall have first furnished, under oath or af- 
firmation, to the Auditor General, a written itemized state- 
ment of such expense, and until the same is approved by 
the Auditor General : Provided, That in no case shall the 
expense to the Commonwealth growing out of this act exceed 
five hundred dollars for a single county in any one year. 
[L. 1870, act 1206, sec. 1 ; as amended by L. 1897, act 228. 
sec. 1=2 Pur. Dig., p. 1746, sees, 44, 45.] 

Xo. 153. Be it enacted, &c.. That from and after the 
passage of the act the constables of the various wards, 
boroughs and townships of the Commonwealth shall he ex- 
officio fire, game and fish wardens.^' [L. 1899, act 14, see. 
1=1 Pur. Dig., p. 730, sec. 49.] 

Xo. 1.'54. It shall be the duty of said fire, game and fish 
wardens to enforce all statutes of this State now in force, 
or that may hereafter be enacted, for the protection of forests 
and timber lands from fire, and for the protection and propa- 
gation of game, game birds, game mammals, song and insec- 
tivorous bird.s, and fish, and said constables or wardens shall 
have authority to arrest without warrant any person or 
persons caught l>y them in the act of violating any of the 
aforesaid laws for the protection of forests and timber lands, 
game, and food ami game fish, and take such person or per- 
sons forthwith before a Justice of the peace or other magis- 
trate having jurisdiction, who shall proceed without delay 
to hear, try and determine the matter. Such arrests may be 
also made on Sunday, in which case the person or persons 
arrested shall he taken before the proper officer, and pro- 
ceeded against as soon as may be on a week day following the 
arrest.'" IT.. l.'<99, ,act 14. sec. 2=1 Pur. Dig., p. 730, sec. 
.-.0.] 

"Authenticated copies of the 1921 legislation used in this 
leaflet were procured informally, from the office of the Com 
missioner of Forestry, in advance of the official publication 
of the volume of Session Laws. 



Note. — Section ,'i. net 14. I.. 1899 (1 Pur. lilg., p. 7:io. 
sec. 51) gives said Constables and Wardens power to 
search and examine, without warrant, any boat convey- 
ance, vehicle, fish box, etc.. " when they have good rea- 
son to believe that any of the laws for the protection of 
forests and timber lands, game and fish have been 
violated," and exempts them from liability for damages 
in connection with such action. These are the only pro- 
visions of this section which are in anywise relevant to 
the purposes of this compilation.^^ 

Xo. 155. .\ny constable or warden, upon the arrest and 
prosecution of any offender to conviction under the pro 
visions of this act, shall, in addition to the fees to which 
he may be entitled under existing laws, be paid for his 
services the sum of ten dollars on a warrant drawn by the 
county commissioners on the county treasurer, one half of 
which shall be paid out of the treasury of the respective 
county, and the remaining half of said reward shall be paid 
by the State Treasurer into the treasury of said county, out 
of moneys not otherwise appropriated, upon warrant from 
the Auditor General, but no such warrant shall he drawn 
until the respective county commissioners shall have first 
furni.shed, under oath, to the Auditor General, a written 
itemized statement of such expense, and until the .same is 
approved by the Auditor General : Provided, That no county 
shall he liable to pay for this purpose in any one year an 
amount exceeding five hundred dollars. =• (L. 1S99, act 14, 
sec. 4=1 Pur. Dig., p. 730, sec. 54.] 

Xo. 156. Each of said constables or wardens shall, for 
the purpose of this act, have concurrent jurisdiction 
throughout his own proper county ; and they shall in the 
first week in each term of the court of quarter sessions of 
their respective counties, make special returns to said 
court, under oath, of all violations occurring in their re- 
spective townships, or which may come or be brought to 
their notice, of any of the provisions of any law now in 
force, or that may hereafter be enacted, for the protec- 
tion of forests and timber lands, game and fish ; and it 



™ Under the firewarden system (Nos. 159-180) which pre- 
ceded the present system, the Commissioner acted as Chief 
Firewarden. That earlier system, and certain additional fire 
protection measures, imposing duties upon County Commis- 
sioners and the Commissioner of Forestry, and also making 
Constables Ex-offlcio Fire, Game, and Fish Wardens (see .Vo». 
J52—15S), have, however, been made subject to reorganiza- 
tion by the Chief Forest Firewarden, in order to conform 
those earlier provisions to the present system (sec .Vo. 87c) : 
and, in consequence, the general operation of the earlier pro- 
visions during the process of reorganization rests with the 
Chief Forest Firewarden. It is, of course, impossible to indi- 
cate to what extent the reorganization, as made so far, may 
have resulted in replacing the former provisions. While, 
however, the reorganization is in course of being effected, 
the Chief Forest Firewarden operates under the earlier fire 
protection provisions to whatever extent they may not have 
lieen replaced. 



40 



STATE FORESTRY LAWS PENNSYLVANIA. 



shall be the duty of the Judge of said court to see that 
such returns are faithfully made, and any constable or 
warden wilfully neglecting or refusing to make such re- 
turns, or to prosecute any offense under said laws of which 
111' shall liavi' personal knowlcdye. or of which he shall have 
notice in writing by any citizen, giving the name of the 
offender together with the names of 1he witnesses, shall be 
guilty of a misdemeanor, and upon conviction thereof be 
sentenced to pay a fine of fifty dollars, or to undergo an 
imprisonment in the county Jail of two months, both or 
either, at the discretion of the court .=» [L. 1899, act 14, 
,sec. fi=l Pur. Dig., p. 730, sec. 55.] 

No. 157. Be it enacted, &c.. That when the commissioners 
of any county or counties fail to " appoint persons under 
oath, whose duty it shall be to ferret out and bring to punish- 
ment all persons or corporations who either wilfully or 
otherwise cause the burning of timber land within their re- 
spective counties," as is provided tor by the act of July 15th, 
1?97, or when they have appointed inefficient per.sons to do 
the work aforesaid ; the Commissioner of Forestry may, on 
the request of residents of a county in which such fires have 
been created, or on the request of the owner or owners of 
land which has been Injured by the fires so created, appoint 
a detective or detectives, and employ an attorney or at- 
torneys, to ferret out and bring to punishment, as aforesaid, 
those who cause the burning of timber lands ; and all ex- 
penses incurred by the Commissioner of Forestry under the 
operation of this act shall be paid by the State Treasurer, 
on warrant drawn by the Auditor General, if the said bills 
shall be approved by the Governor and the Commissioner of 
Forestry ; and all the fines collected shall be paid by the 
magistrate or by order of the court to the Commissioner of 
Forestry, and be paid by him to the Treasurer of the Com- 
monwealth.™ [L. 1901, act 86, sec. 1=2 Pur. Dig., p. 1746, 
sec. 46.] 

No. 158. When conviction Is obtained, under the provi- 
sions of this act, of persons or corporations causing the burn- 
ing of timber lands, then the Auditor General, on the re- 
quest of the Commissioner of Forestry, may refuse to pay 
the State's share of the money due to the county for the 
services of the person or persons, appointed by the county 
commissioners, to ferret out and bring to punishment tho.se 
who caused forest fires in the district where such persons 
served as fire detectives, to make arrests and secure convic- 
tions, and for which conviction was obtained by the detec- 
tives appointed by the Commissioner of Forestry.^ [L. 1901, 
act 86, sec. 2=2 Pur. Dig., p. 1747, sec. 47.] 

No. 159. Be it enacted, &c., That there he hereby insti- 
tuted and created a system of fire-wardens, within this Com- 
monwealth, whose duty it shall be to protect forests, farm- 
ers' woodlots, and wild lands by preventing and suppressing 
flres.=» [L. 1909, act 601, sec. 1=5 Pur. Dig., p. 6246, 
sec. 96.] 

No. 160. The Commissioner of Forestry and the Deputy 
Commissioner of Forestr.v shall be, respectively, the Chief 
Fire Warden and the Deputy Chief Fire Warden of this 
Commonwealth, for the enforcement of the provisions of 
this act. They shall have immediate supervision and con- 
trol of the whole system of fire-wardens hereby created, and, 
as such, shall have full power and authority to carry the 
same into effect. =» [L. 1909, act 601, sec. 2=5 Pur. Dig., 
p. 6246, sec. 97.) 

No. IGl. As soon after the approval of this act as may 
be convenient, the Commissioner of Forestry shall appoint 
in each borough and township in this Commonwealth, if in 
his judgment necessit.v exists for such appointment, a suit- 
able and competent person, who shall be known as the dis- 



trict fire-warden of the particular borough or township 
wherein he shall be appointed. The persons appointed dis- 
trict fire-wardens shall be expressly chosen to carry out the 
provisions of this act, by reason of their physical fitness 
and their good reputation for sobriety, lionesty, and ability 
to perform the duties herein demanded and required." 
[L. 1909, act 601, sec. .•'.=5 Pur. Dig., p. 6246, sec. 98.] 



>'o. 163. Every district fire-warden and every assistant 
fire-warden, appointed or provided for under the pro- 
visions of this act, shall procure, at his own expense, and 
wear and lie known by, an appropriate badge of authority, 
to be approve<i by the Commissioner of Forestry, which 
shall be produced and .shown on all proper occasions, when- 
ever demanded.™ II.. 1909, act 601, sec. 4=5 Pur. Dig., p. 
6246, sec. 99.] 



No. 163. Whenever fire is discovered in or approaching 
woodlots, forests, or wild lands, whether the same be owned 
by Individuals, corporations or by the Commonwealth, it 
shall be the duty of the fire-warden, immediately, to take 
such measures as are necessary for the extinguishment of 
the fire. He shall have authority to employ such other per- 
sons as, In his judgment, may be necessary to render assist- 
ance in extinguishing fire ; and whenever it shall not other- 
wise be possible for him to secure a sufficient number of 
persons to assist In extinguishing fire, he is hereby given 
the power and authority to compel the attendance of, and 
the rendering of assistance by, persons, in the extinguishing 
of fire under the penalties prescribed in this act. The dis- 
trict fire-warden, while engaged in performing the duties 
imposed by this act, shall receive as compensation twenty- 
five (25c) cents per hour, and his actual, necessary expenses 
incurred ; and the persons so employed, or compelled to 
assist the warden, in the extinguishment of fire, shall receive 
as compensation for their services fifteen (15c) cents per 
hour." [L. 1909, act 601, sec. 5=5 Pur. Dig., p. 6246, sec. 
100.] 

No. 164. The employes of the Department of Forestry 
shall be ex-officio fire-wardens, whose duties and powers 
shall be the same as, by this act, are vested in the district 
fire-wardens appointed by the Commissioner of Forestry ; 
but they shall not receive any compensation other than the 
regular pay allowed as an employe of the Department of 
Forestry, and the necessary expenses by them incurred In 
the performance of their duties as fire-wardens.^" [L. 1909, 
!ict 601, sec. 6=5 Pur. Dig., p. 6246, sec. 101.] 

No. 165. Nothing in this act shall be so construed as to 
relieve the owner or lessee of lands, upon which fires may 
burn or be started, from the duty of extinguishing such 
fire so far as may lie within his power. No such owner or 
lessee, nor any person in the employ of such owner or lessee, 
shall receive any compensation under this act for extin- 
guishing fire upon the lands of such owner or lessee. * [L. 
1909, act 601, sec. 7=5 Pur. Dig., p. 6247, sec. 102.] See 
also No. nS. 



No. 166. In each township and borough the district fire- 
wardens, appointed by the Commissioner of Forestry, may 
appoint, by and with the consent of the Commissioner of 
Forestry, suitable persons, to be known as assistant fire- 
wardens, who shall possess the same qualifications demanded 
by this act for the district fire-wardens, and who are hereby 
vested with the same power and authority. They shall re- 
ceive, as compensation for their services so to be performed, 
the sum of twenty cents per hour, and the necessary expenses 
incurred in the actual performance of their duty. They shall 



STATE FORESTRY LAWS — PENNSYLVANIA. 



41 



make their reports to the district tire-warden, and be under 
his Immediate supervision and control, subject to the super- 
vision of the Commissioner of Forestry.^ | L. 1909, act 001, 
sec. 8=5 Pur. Dig., p. 6247, sec. 103.] 

No. 167. Whenever a forest, woodlot or wlldland Are shall 
have been combatted or extinj^uished. by the means provided 
for In this act, the district fire-warden shall prepare a correct 
statement, showing the date of the fire, the number of men 
employed to extinguish the fire, the number of hours each 
was employed, and the actual amount of expense incurred, 
verified by oath or affirmation, and shall forward the same 
at once to the Commissioner of Forestry. It shall be the 
further duty of the district fire-warden thoroughly to investi- 
gate the cause or origin of the fire, to collect such evidence as 
may be discovered relating thereto, and make a report thereon 
to the Commissioner of Forestry, together with a statement 
showing the area burned over and damage done by the fire. 
The assistant fire-wardens shall render their accounts, under 
oath or affirmation, to the district fire-warden, who shall thor- 
oughly investigate the facts therein stated, and. If he find 
them correct, shall transmit the same to the Commissioner of 
Forestry. The above reports and accounts shall be made upon 
uniform blanks to be furnished by the Commissioner of 
Forestry .=» [L. 1909, act GOl, sec. 9=5 Pur. Dig., p. 6247, 
sees. 104, 105.] 

No. 168. Upon receipt of bills for extinguishing forest 
fires, the Commissioner of Forestry is hereby authorized and 
directed carefully to audit the same. He shall not approve 
any bill until he has first satisfied himself of Its correctness, 
and that the services therein claimed were actually rendered, 
or the expense actually Incurred. If the Commissioner of 
Forestry approve an account so rendered, he shall transmit 
the same to the Auditor General of the Commonwealth ; who 
shall first satisfy himself of Its correctness, and shall then 
draw his warrant, against the fund hereinafter appropriated 
to pay for the extinguishment of forest fires, and In favor of 
the respective district fire-wardens, as directed by the Com- 
missioner of Forestry. Said warrants shall be delivered to 
the Commissioner of Forestry, for transmission to the district 
fire-wardens, who are hereby then required to pay the several 
sums so transmitted to the persons lawfully entitled thereto, 
taking proper receipts and vouchers for each payment so 
made, which vouchers shall be filed with the Commissioner 
of Forestry.2" [L. 1909, act 601, sec. 10=5 Pur. Dig., p. 6247, 
sec. 106.] 

No. 16}». At the end of each calendar year, after the bill 
for the extinguishment of forest fires shall have been pre- 
sented for that year, the Auditor General of the Common- 
wealth shall prepare a statement showing the expenditure 
made for the extinguishment of fires In each of the counties 
of the State, and shall transmit to the Commissioners of each 
county a copy of the statement relating to their respective 
county. The Auditor General shall, at the same time, state 
an account with each of the said counties, and collect from 
each county an amount equal to one-fifth of the amount ex- 
pended by the Commonwealth for the extinguishment of 
forest fires in that particular county. The county commis- 
sioners of each county shall, immediately upon receipt of the 
■stated account of the Auditor General, forward to him. for 
the use of the Commonwealth, the amount of money so found 
to be due and owing by the county for the extinguishment 
of forest fires. In case the said account is not settled within 
thirty days after its receipt by the county commissioners, the 
Auditor General Is hereby authorized, empowexed. and re- 
quired to collect the amount of the then delinquent account 
stated. In manner provided by existing law for the collection 
of accounts due the Commonwealth." fl.,. 190!1, act 601, 
sec. 11=5 Pur. Dig., p. 6247, sec. 107] 



No. 17<>. The said fire-wardens shall not be limited in 
I heir Jurisdiction, as such, to the boroughs, townships, or 
counties for or within which they may be appointed ; but 
shall have power and authority to enter adjacent or other 
boroughs, townships, or counties, and there exercise the 
authority and perform the duties conferred upon them by 
this act : Provided, That when, for the purpo.se of extinguish- 
ing flre, a fire-warden shall enter adjacent or other territory 
than that for or within which he shall have been appointed, 
the local warden, if present, shall be in command and direct 
the work of the various flre-flghtlng crews."-' |L. 1909. act 
601, sec. 12=5 Pur. Dig., p. 6247, sec. 108.] 

No. 17J. Whenever any Ure-warden, or person employed 
by him, shall have rendered service in the extinguishment 
of fire which may have burned within two or more counties, 
the district fire-warden shall render to the Commissioner of 
Forestry his report, as hereinbefore required, relating to each 
of the said counties, in order that the expense of extinguish 
ing flre may be rightly and properly distributed between or 
among the counties in which fire may have burned."' [L. 
1909, act 601, sec. 13=5 Pur. Dig., p. 6248, sec. 109.] 

No. 172. Whenever any flre-warden, by reason of physical 
disability, or unavoidable absence from home during the fire 
season, or for any good and sufficient cause, shall be unable 
to perform the duties required by this act. he is. hereby em- 
powered, with the consent of the Commissioner of Forestry, 
to employ a suitable person to act in his stead ; which said 
person, so appointed, shall have all the qualifications de- 
manded of the fire-warden, and for services so rendered. In 
the absence of the fire-warden, he shall receive the same 
compensation : Provided, That the reports hereinbefore re- 
quired to be made to the Commissioner of Forestry shall be 
made by the district fire-warden. In case the death of the 
district fire-waiden should occur before making the report 
herein required, or in case of his total physical disability, 
the said report may be made by an assistant fire-warden, 
alter first ascertaining the facts; and in making such exam- 
ination or Investigation, such assistant fire-warden is hereby 
empowered to examine persons, under oath or aflirmation to 
be administered by himself. => (l. 1909, act 601, sec. 14=5 
Pur. Dig., p. 6248, sec. 110.] 

No. 173. Whenever, In the absence of a flre-warden, a 

forest, woodlot. or wild land fire shall he extinguished or 
lombatted by persons without first having been employed 
by said warden, such persons shall receive the compensation 
allowed by this act : Provided, That after a thorough in- 
vestigation by the district flre-warden, wherein he shall hav« 
power and authority to examine persons under oath or 
allirmatlon, administered by himself, he shall have ascer- 
tained, as a result of his investigation, the facts hereinbefore 
required to be included In his report to the Commissioner of 
Forestry, the truth of which he shall first have fully demon- 
strated to his own satisfaction : Provid.-d further, That If 
his Investigation shall disclose that any person, so claiming 
compensation, set the fire, or in any manner, carelessly, 
negligently, or maliciously, contributed to Its burning, such 
person not only shall not be allowed any compensation, but 
shall be proceeded against criminally, if in the Judgment of 
the CommLssioner of Forestry the evidence shall warrant such 
prosecution. » [L. 1909, act 601, sec. 15=5 Pur. Dig., p. 
6248, sec. 111.] See also Ko. 165. 

No. 17*. No fire-warden, appointed In accordance with 
the provisions of this act, shall he personally liable to any 
person employe<l or required to combat or extinguish fire, 
by reason of such employment or requirement ; and no action 
for any compensation alleged or claimed to be due any per- 



4^ 



State forestry laws — Pennsylvania. 



son for combatting or extiusuishing fire shall lie against such 
flre-warden. » [L. 1909, act. 001. spc. ]r.=.5 I'ur. Dig., p. 
6248, sec. 112.] 

No. 175. If any person shall feel aggrieved by the act of 
any fire-warden, in allowing or disallowing any sum as 
compensation for extinguishing fires, such per.son may 
appeal to the Commissioner of Forestry, who will examine 
into the complaint. After hearing the proofs and allega- 
tions of the parties, he shall decide as to him shall seem 
Just and right, and his decision shall be final and not sub- 
ject to review.=» [L. 1909, act 601, sec. 17=5 Pur. Dig., p. 
624S, see. 113.] 

TSo. 176. During the months of April and May and the 
period from September fifteenth to November fifteenth, in 
each year, commonly called the fire seasons, in order to 
prevent fire and provide for Its immediate suppression, the 
fire-wardens may, in the discretion of the Commissioner of 
Forestry, be required to keep daily patrol in the regions 
under their care Ijnown to be especially hazardous or sub- 
ject to outbreak of fire. For such services, so to be 
rendered, the firewardens, in addition to the compensation 
hereinabove allowed, shall be entitled to receive a stated 
sum, not in excess of twenty-five dollars per month, to be 
fixed and allowed by the Commissioner of Forestry. The 
Commissioner of Forestry shall, likewise, designate the fire- 
wardens for such continuous service, and the places to be 
patrolled by them, as in his judgment will produce the best 
results in the prevention or immediate suppression of fire. 
All sums of money which may thus become due to fire- 
wardens for continuous patrol service, and all other sums 
of money which may be earned by them and others in the 
prevention and suppression of fire, shall be paid, in manner 
hereinbefore provided, from the fund appropriated for the 
use of the fire-warden system created by this act.=» [L. 
1909, act 601, sec. 18=5 Pur. Dig., p. 6248, sec. 114.] 

No. 177. Every fire-warden appointed, or so constituted 
and designated. In accordance with the provisions of this 
act, shall have the same powers as by existing law are con- 



ferred upon constables and other peace oificers, to arrest on 
view, without first procuring a warrant therefor, any per- 
son detected by them In the act of committing an offense 
against any of the laws now enacted or hereinafter to be 
enacted for the protection of forests, woodlots, timber or 
wild lands, or when they shall have a reasonable suspicion 
that any person is committing or is about to commit some 
such offense. The said warden shall have further power to 
take and convey the offender before a justice of the peace, 
or other magistrate having jurisdiction for hearing, trial, 
or other due process of law.* [L. 1909, act 601, sec. 19=5 
Pur. Dig., p. 6248, sec. 116.] 

No. 178. If any fire-warden shall fail, or wilfully or neg- 
ligently refuse, to perform his duty, or shall render a false 
or fraudulent statement of services alleged to have been 
iierformed ; or shall fail or refuse to pay promptly the re- 
spective amounts due those who have assisted in the ex- 
tinguishing of said fires, after said amounts have been trans- 
mitted to him by the Commissioner of Forestry; such fire- 
warden shall be deemed guilty of a misdemeanor, and, upon 
conviction thereof, shall be fined in a sum not exceeding one 
hundred dollars, or undergo imprisonment not exceeding 
three months, either or both, at the discretion of the court." 
[L. 1909, act 001, sec. 20=5 Pur. Dig., p. 6249, sec. 116.] 

No. 179. If any fire-warden, being in need of assistance in 
the suppression of fire, shall call upon any person to render 
such assistance, and such person shall refuse to render as- 
sistance, without a Just, fair, and legal excuse, and one 
which is satisfactory to the fire-warden, he is hereby de- 
clared to be guilty of a misdemeanor, and, upon conviction 
thereof, shall be sentenced to pay a fine not exceeding fifty 
dollars, or imprisonment not exceeding one month, either or 
both, at the discretion of the court.=» [h. 1909, act 601, sec. 
21=5 Pur. Dig., p. 6249, sec. 117.] 

No. ISO. 

Note. — The provisions of section 22, act 601, L. 
1909,=* making an appropriation for the fire protection 
work under that act, for the biennium following. Is here 
omitted for the reason that it is obsolete. 



WA.SHINGTO.N 



VEKNMENT PRINTING OFPU'E : 1S121 



I 



